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PINE TOP INS. CO. v. BANK OF AMERICA NAT. TRUST & SAV. ASS'N.

Nos. 91-1175, 91-1361.

969 F.2d 321 (1992)

PINE TOP INSURANCE COMPANY, in Liquidation, an insolvent Illinois corporation, Plaintiff-Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a California Corporation, Defendant-Appellee. PINE TOP INSURANCE COMPANY, in Liquidation, an insolvent Illinois corporation, Plaintiff-Appellant, v. CENTURY INDEMNITY COMPANY, a Connecticut Corporation, and Bank of America National Trust and Savings Association, a California Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 17, 1992.

As Amended July 22, 1992.

Attorney(s) appearing for the Case

James R. Stinson, Susan A. Stone, Holly A. Harrison (argued), Todd C. Jacobs, Sidley & Austin, Chicago, Ill., for Pine Top Ins. Co.

David M. Spector, Michele Odorizzi, Nancy K. Linnerooth, Jane Van Duzer, Mayer, Brown & Platt, Chicago, Ill., for Century Indem. Co.

Phil C. Neal (argued), Lawrence Benjamin, Ralph T. Russell, Neal, Gerber & Eisenberg, Chicago, Ill., for Bank of America Nat. Trust and Sav. Assn.

Alan R. Dolinko, Chuhak & Tecson, Chicago, Ill.,

Before COFFEY, FLAUM and RIPPLE, Circuit Judges.

FLAUM, Circuit Judge.

This is a consolidated appeal of two diversity suits brought by the Illinois Department of Insurance (Department), as liquidator of the Pine Top Insurance Company (Pine Top), to recover allegedly preferential transfers made to several of Pine Top's creditors just prior to going into liquidation. In opinions rendered just eleven days apart, two district courts separately concluded that one of those creditors, the Bank of America National Trust...

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