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IN RE E.R. FEGERT, INC.

No. 88-4157.

887 F.2d 955 (1989)

In re E.R. FEGERT, INC., Debtor. Dan O'ROURKE, Trustee, Appellant, v. SEABOARD SURETY COMPANY; Coral Construction Company, Inc.; Shotwell Paving Company, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 18, 1989.

Attorney(s) appearing for the Case

Gregory J. Jalbert, Southwell, O'Rourke, Jalbert & Kappelman, Spokane, Wash., for appellant.

Deborah D. Wright, Lane, Powell, Moss & Miller, Seattle, Wash., and Bruce R. Boyden, Woeppel, Hoover, Boyden, Spokane, Wash., for appellees.

Before ALDISERT, WRIGHT and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

Dan O'Rourke, as trustee for E.R. Fegert, Inc., appeals an affirmance by the Bankruptcy Appellate Panel of a summary judgment entered by the bankruptcy court in favor of defendants Coral Construction, Inc. and Shotwell Paving Company. O'Rourke sought avoidance of certain payments to the two companies as preferential payments. Seaboard Surety Company was joined as a third party and is an appellee in this appeal. The Bankruptcy Appellate Panel...

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