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NEWBERY CORP. v. FIREMAN'S FUND INS. CO.

Civ. No. 89-1078-PHX-RGS.

106 B.R. 186 (1989)

NEWBERY CORPORATION, et al., Plaintiffs, v. FIREMAN'S FUND INSURANCE COMPANY, et al., Defendants.

United States District Court, D. Arizona.

October 10, 1989.

Attorney(s) appearing for the Case

Victoria E. Brieant, Salt Lake City, Utah, Stanford E. Lerch, Phoenix, Ariz., for plaintiffs.

Jay M. Mann, Phoenix, Ariz., for defendants.

ORDER

STRAND, District Judge.

Newbery, debtor in possession, appeals a decision of the bankruptcy court which dismissed count 13 of its adversary complaint against Fireman's Fund Insurance Co. ("Fireman's") without leave to amend. Count 13 seeks to force Fireman's, Newbery's surety, to reimburse the estate for payments Newbery made to its trade creditors within the 90 day preference period.

Before bankruptcy, Newbery was one of the largest electrical...

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