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IN RE COMARK

No. 91-55182.

971 F.2d 322 (1992)

In re COMARK, Debtor. Sam JONAS, Chapter 7 Trustee, Plaintiff-Appellant, v. RESOLUTION TRUST CORPORATION, as Receiver for GreatAmerican Federal Savings & Loan Assoc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 28, 1992.

Attorney(s) appearing for the Case

Sean A. O'Keefe, and Marc J. Winthrop, Lobel, Winthrop & Broker, Irvine, Cal., for plaintiff-appellant.

Michael H. Krimminger, Resolution Trust Corp., Washington, D.C., for defendant-appellee.

Before: BRUNETTI, THOMPSON, and FERNANDEZ, Circuit Judges.

BRUNETTI, Circuit Judge:

In Bankruptcy Court, the trustee for Comark, a limited partnership, sought to recover the value of an alleged preferential transfer to GreatAmerican Federal Savings & Loan Association. The transfer occurred when Comark returned $9.25 million worth of securities to GreatAmerican that were "additional margin" in a securities transaction that the parties cancelled. On cross motions for summary judgment, the Bankruptcy Court ruled that while...

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