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IN RE ENERGY CO-OP., INC.

Nos. 81 B 5811, 85 C 3538, Adv. No. 82 A 3699.

109 B.R. 822 (1989)

In re ENERGY COOPERATIVE, INC., a Delaware corporation, Debtor. ENERGY COOPERATIVE, INC., Plaintiff, v. CITIES SERVICE COMPANY, et al., Defendants.

United States District Court, N.D. Illinois, E.D.

December 13, 1989.

Attorney(s) appearing for the Case

Don Johnson, Hollis & Johnson, Chicago, Ill., for Cities Service.

Marc O'Beem, Miller Shakman Hamilton & Kurtzon, Chicago, Ill., for trustee.

MEMORANDUM OPINION

KOCORAS, District Judge:

The Trustee of Energy Cooperative, Inc. (ECI) alleges that ECI made preferential transfers to the defendants during the 90 day period prior to May 15, 1981, the day the ECI bankruptcy petition was filed. The preferential transfer cases were consolidated for trial on the sole issue of whether ECI was insolvent within the meaning of 11 U.S.C. § 101(31)(A) for this 90 day period. The trial was held from September...

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