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IN RE OSBOURNE

Bankruptcy No. 3-88-01643(11), Adv. No. 3-88-0063.

124 B.R. 726 (1989)

In re James D. OSBOURNE, Debtor. Kyle A. COOPER, Trustee of the Estate of James D. Osbourne, Plaintiff, v. James D. OSBOURNE and Barbara K. Osbourne, Defendants.

United States Bankruptcy Court, W.D. Kentucky.

September 29, 1989.

Attorney(s) appearing for the Case

Bruce D. Atherton, Louisville, Ky., for co-defendant.

James R. Higgins, Jr., Louisville, Ky., for Coplay Cement Co.

Wallace H. Spalding, III, Louisville, Ky., for James D. Osbourne.

Joseph J. Golden, Asst. U.S. Trustee, Louisville, Ky.

MEMORANDUM OPINION

HENRY H. DICKINSON, Bankruptcy Judge.

This Chapter 7 adversary proceeding is before the Court on the plaintiff's motion for summary judgment pursuant to Fed.R. Civ.Pro. 56 & Fed.R.Bankr.Pro. 7056. The motion arose from an adversary complaint filed on August 11, 1988 by Coplay Cement Company (hereinafter "Coplay") to set aside as a fraudulent conveyance, James Osbourne's (hereinafter "Osbourne" or "debtor") transfer of his one-half...

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