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LEWIS v. DIETHORN

No. 89-3561.

893 F.2d 648 (1990)

James A. LEWIS, Esquire, Trustee for Joseph M. Eaton Builders, Inc. v. Thomas J. and Linda M. DIETHORN, Appellants.

United States Court of Appeals, Third Circuit.

Decided January 12, 1990.

Rehearing and Rehearing Denied February 13, 1990.

Attorney(s) appearing for the Case

Lee Markovitz, Lewis and Stockey, Pittsburgh, Pa., for appellants.

Rothman Gordon Foreman & Groudine, P.C., James A. Lewis, Michael H. Syme, Pittsburgh, Pa., for Trustee, James A. Lewis.

Before GIBBONS, Chief Judge, SCIRICA, Circuit Judge and WALDMAN, District Judge.

Submitted Under Third Circuit Rule 12(6) January 9, 1990.

Rehearing and Rehearing In Banc Denied February 13, 1990.

OPINION OF THE COURT

GIBBONS, Chief Judge:

In this dispute a trustee in bankruptcy has sought to exercise his powers to avoid, as a preferential transfer, the debtor's payment to settle litigation in Pennsylvania court and so to remove a lis pendens on certain real estate, for the sale and purchase of which he had entered...

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