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IN RE POWERINE OIL CO.

BAP No. CC-90-1072-PVJ, Bankruptcy No. LA 84-07086-JD, Adv. No. LA 86-0994-JD.

126 B.R. 790 (1991)

In re POWERINE OIL CO., Debtor. UIC, INC., Appellant, v. PLAINTIFF COMMITTEE OF CREDITORS HOLDING UNSECURED CLAIMS OF POWERINE OIL CO., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Submitted April 4, 1991.

Decided April 30, 1991.

Attorney(s) appearing for the Case

David B. Love, Chicago, Ill., for appellant.

Linda Blank, Los Angeles, Cal., for appellee.

Before PERRIS, VOLINN, and JONES, Bankruptcy Judges.

OPINION

PERRIS, Bankruptcy Judge:

The appellee filed an adversary proceeding alleging that certain payments made to the appellant, UIC, Inc. ("UIC"),1 within ninety days prior to the debtor's bankruptcy were preferential transfers under 11 U.S.C. § 547(b).2 UIC contended that the payments were not preferential because they were payments in the ordinary course of business under section 547(c)...

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