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IN RE H & S TRANSP. CO., INC.

Bankruptcy No. 381-02803, Nos. 3:88-0048, 3:88-0049, Adv. Nos. 383-0586, 383-0585.

110 B.R. 827 (1990)

In re H & S TRANSPORTATION CO., INC., Debtor. C. Bennett HARRISON, Jr., Trustee, Plaintiff-appellee, v. BRENT TOWING COMPANY, INC., Defendant-appellant. C. Bennett HARRISON, Jr., Trustee, v. UNITED LIBERTY LIFE INSURANCE COMPANY, Defendant-appellant.

United States District Court, M.D. Tennessee, Nashville Division.

February 5, 1990.

Attorney(s) appearing for the Case

C. Bennett Harrison, Jr., Cornelius & Collins, Nashville, Tenn., for debtor and plaintiff-appellee.

Gullett, Sanford, Robinson & Martin, M. Taylor Harris, Jr., Nashville, Tenn., Kevin E. Irwin, Cincinnati, Ohio, pro hac vice, for United Liberty Life Ins. Co.

B. Gail Reese, Nashville, Tenn., Warren Ashley Hines, Greenville, Miss., for Brent Towing Co., Inc.

MEMORANDUM

WISEMAN, Chief Judge.

This case involves an attempt by the trustee in bankruptcy to recover preferences allegedly created when the debtor paid certain fuel bills within 90 days of filing its bankruptcy petition. For the reasons stated below, the Court finds that the trustee may not recover the payments at issue from the defendant-appellants. Accordingly, the February 17, 1987 ruling by the Bankruptcy...

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