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IN RE AGRICULTURAL RESEARCH AND TECHNOLOGY GROUP

No. 89-15416.

916 F.2d 528 (1990)

In re AGRICULTURAL RESEARCH AND TECHNOLOGY GROUP, INC., a Hawaii corporation, Debtor. Thomas E. HAYES, Trustee, Plaintiff-Appellee, v. PALM SEEDLINGS PARTNERS-A, a Hawaii limited partnership; Grant-Buskett Management Corporation, individually and as general partner of the partnership; Robert B. Grant; Ruth M. Jasper, Trustee for the Ruth M. Jasper Revocable Living Trust; Florine A. Katz; Edwin Y.W. Fong; Nancy Foos; Jerome O.C.C. Leong; Joseph C.C. Leong; Lon D. Pierce; George A. Reich; John F. Smith; Myron F. Tethal; Marian F. Townsend; Nancy R. Weisner; and James W. Winters, individually and as limited partners of said partnership, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 9, 1990.

As Amended December 5, 1990.

Attorney(s) appearing for the Case

Fred Paul Benco and Darryl Miyahira, Honolulu, Hawaii, for defendants-appellants.

Simon Klevansky and Elizabeth A. Kane, Gelber and Gelber, Honolulu, Hawaii, for plaintiff-appellee.

Before ALARCON and POOLE, Circuit Judges, and WILLIAMS, District Judge.

SPENCER WILLIAMS, District Judge:

The appellee, Thomas E. Hayes, is the bankruptcy trustee for the debtor Agricultural Research and Technology Group, Inc. ("Agretech"). He instituted this action against Palm Seedlings Partners-A ("Palm Seedlings-A"), its general partner Grant-Buskett Management Corporation ("Grant"), and its limited partners to avoid certain transfers from Agretech to Palm Seedlings-A, pursuant to 11 U.S.C. § 544(b), Haw.Rev.Stat. § 651C...

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