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IN RE PERFORMANCE COMMUNICATIONS, INC.

Bankruptcy No. 90-3660-BM, Adv. No. 90-0584-BM.

126 B.R. 473 (1991)

In re PERFORMANCE COMMUNICATIONS, INC., Debtor. PERFORMANCE COMMUNICATIONS, INC., Plaintiff, v. FIRST NATIONAL BANK, formerly First National Bank and Trust of Washington, Pa., Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

April 29, 1991.

Attorney(s) appearing for the Case

Stanley A. Kirschenbaum, Wittlin Goldston & Caputo, P.C., Pittsburgh, Pa., for debtor, plaintiff.

Kevin R. Douglass, Buchanan Ingersoll, P.C., Pittsburgh, Pa., for defendant, First Nat. Bank.

Stanley E. Levine, Campbell & Levine, Pittsburgh, Pa.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Performance Communications, Inc. ("plaintiff") has brought this adversary action pursuant to 11 U.S.C. §§ 547(b) and 550(a)(1). Plaintiff seeks to avoid a preference and to recover from defendant First National Bank ("Bank") the sum of $127,160.46, which plaintiff paid to Bank in satisfaction of a debt guaranteed by principals of debtor.

Bank...

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