IN RE KROH BROS. DEVELOPMENT CO.

Bankruptcy Nos. 87-00640-1-11, 87-01265-1-11, 87-00641-1-11, 87-01263-1-11, 87-01930-1-11 and 87-01266-1-11, Adv. No. 88-0581-1-11.

104 B.R. 182 (1989)

In re KROH BROTHERS DEVELOPMENT COMPANY, Kroh Brothers Equity Company, Kroh Brothers Realty Company, Kroh Investments I, Inc., Kroh Telecommunities, Inc., Ward Parkway Corp., Missouri Corporations, Debtors. KROH BROTHERS DEVELOPMENT COMPANY and The Kroh Operating Limited Partnership, By I.I. Ozar, Managing Agent and Estate Administrator, Plaintiffs, v. AOKI LANDSCAPE MAINTENANCE, INC., et al., Defendants.

United States Bankruptcy Court, W.D. Missouri.

July 28, 1989.


Attorney(s) appearing for the Case

Jonathan Margolies, McDowell, Rice & Smith, Kansas City, Mo., for plaintiffs.

Kenneth C. Jones, Watson, Ess, Marshall & Engas, Olathe, Kan., for Continental Const. Eng.


MEMORANDUM ORDER ON PLAINTIFFS CLAIMS AGAINST DEFENDANT CONTINENTAL CONSTRUCTION ENGINEERS, INC.

KAREN M. SEE, Bankruptcy Judge.

Three issues are presented in this adversary: (1) whether defendant Continental Construction Engineers, Inc. presented sufficient evidence to establish its "ordinary course of business" defense under § 547(c)(2); (2) whether the date of delivery of a check or the date the drawee bank honors the check is the "date of transfer...

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