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HABINGER, INC. v. METRO. COSMETIC & SURGICAL CLINIC

Civ. No. 4-90-214, Bankruptcy No. 3-86-3007, Adv. No. 3-88-126.

124 B.R. 784 (1990)

HABINGER, INC., Appellant, v. METROPOLITAN COSMETIC AND RECONSTRUCTIVE SURGICAL CLINIC, P.A., Appellee.

United States District Court, D. Minnesota, Fourth Division.

July 24, 1990.

Attorney(s) appearing for the Case

David Jon Hoiland, Minneapolis, Minn., for appellant.

Thomas J. Lallier, Mackall, Crounse & Moore, Minneapolis, Minn., for appellee.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This matter is before the Court on the appeal of Habinger, Inc. (Habinger) from the February 13, 1990 order of the United States Bankruptcy Court granting the trustee's motion to avoid post petition payments made to Habinger by the debtor-in-possession. The Court will remand the motion for a determination of whether the payments were made in the ordinary course of business.

FACTS

The debtor...

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