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IN RE CHICAGO, MISSOURI & WESTERN RY. CO.

Bankruptcy No. 88 B 5141, Adv. No. 90 A 209.

124 B.R. 769 (1991)

In re CHICAGO, MISSOURI & WESTERN RAILWAY COMPANY, Debtor. Daniel R. MURRAY, Trustee, Plaintiff, v. PRESCOTT, BALL & TURBEN, INC., Defendant.

United States Bankruptcy Court, N.D. Illinois.

January 23, 1991.

Attorney(s) appearing for the Case

Patrice A. Powers, of Towbin & Zazove, Ltd., Chicago, Ill., for plaintiff.

Daniel M. Pellicioni, of Katten, Muchin & Zavis, Chicago, Ill., for defendant.

MEMORANDUM OPINION

JOHN D. SCHWARTZ, Chief Judge.

This matter comes before the court on the motion of Prescott, Ball and Turben, Inc. ("Prescott") to dismiss the Amended Complaint for Avoidance and Recovery of Voidable Transfers ("Amended Complaint") of Daniel Murray, Trustee for the Chicago, Missouri and Western Railway Company ("CM & W"). In the Amended Complaint, the Trustee in six counts seeks to avoid and recover as fraudulent conveyances or preferences...

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