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IN RE FOOD CATERING & HOUSING, INC.

No. 91-35691.

971 F.2d 396 (1992)

In re FOOD CATERING & HOUSING, INC., f/k/a Universal Services, Inc. — International, Debtor. In re FOOD CATERING & SUPPLY, INC., f/k/a Galley Stores & Supply Co., Inc., Debtor. Kent W. MORDY, Trustee of Food Catering & Housing, Inc., and Food Catering & Supply, Inc., Plaintiff-Appellee, v. CHEMCARB, INC., d/b/a ChemCarb CO2, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 31, 1992.

Attorney(s) appearing for the Case

Robert N. Windes, Le Gros, Buchanan, Paul & Whitehead, Seattle, Wash., for defendant-appellant.

Bruce J. Borrus, Riddell, Williams, Bullitt & Walkinshaw, Seattle, Wash., for trustee-appellee.

Before: FARRIS, NORRIS and KOZINSKI, Circuit Judges.

FARRIS, Circuit Judge:

Chemcarb, Inc., appeals the grant of summary judgment in favor of the trustee avoiding several payments Chemcarb received from the debtors. Chemcarb asserts that: 1) the $18,830.47 payment from the debtors was excepted from the voidable preference rule by 11 U.S.C. § 547(c)(2); and 2) the $24,349.58 payment from International Catering Enterprises Inc., was not a voidable preference. We affirm.

FACTS

Chemcarb was a creditor...

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