MATTER OF KROH BROS. DEVELOPMENT CO.

Nos. 90-1799, 90-1822.

930 F.2d 648 (1991)

In the Matter of KROH BROTHERS DEVELOPMENT COMPANY; Kroh Brothers Equity Company; Kroh Brothers Realty Company; Kroh Investments I, Inc.; Kroh Telecommunities, Inc.; Ward Parkway Corp., a Missouri Corporation, Debtors. KROH BROTHERS DEVELOPMENT COMPANY; Kroh Brothers Equity Company; Kroh Brothers Realty Company; Kroh Investments I, Inc.; Kroh Telecommunities, Inc.; Ward Parkway Corp.; and the Kroh Operating Limited Partnership, Appellants/Cross-Appellees, v. CONTINENTAL CONSTRUCTION ENGINEERS, INC., Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 18, 1991.


Attorney(s) appearing for the Case

Johnathan A. Margolies, Kansas City, Mo., for appellants/cross-appellees.

Kenneth C. Jones, Kansas City, Mo., for appellee/cross-appellant.

Before BOWMAN and BEAM, Circuit Judges and HARRIS, District Judge.


BEAM, Circuit Judge.

The debtor, Kroh Brothers Development Corporation, brought this adversary proceeding in bankruptcy court against Continental Construction Engineers, Inc. to recover preferential transfers of $57,400.13. In response, Continental asserted that it gave new value of $29,490.14 to or for the benefit of Kroh Brothers. See 11 U.S.C. § 547(c)(4) (1988).1 The bankruptcy court allowed Continental to assert the new...

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