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MATTER OF T.B. WESTEX FOODS, INC.

No. 90-8356.

950 F.2d 1187 (1992)

In the Matter of T.B. WESTEX FOODS, INC., Debtor. T.B. WESTEX FOODS, INC., Appellant, v. FEDERAL DEPOSIT INSURANCE CORP., in its Corporate Capacity as Liquidator of the Alaska Continental Bank, Appellee.

United States Court of Appeals, Fifth Circuit.

January 24, 1992.

Attorney(s) appearing for the Case

R. Mike Borland, Borland & Borland, Midland, Tex., for appellant and debtor.

Jaclyn Tanner, Washington, D.C., for appellee.

Before HENLEY, KING, and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

T.B. Westex Foods, Inc. (Westex), a Chapter 11 debtor in possession, filed a complaint to compel turnover of avoidable preferential transfers under section 547(b) of the Bankruptcy Code made to Alaska Continental Bank (Alaska). The bankruptcy court found that the transfers were not avoidable under section 547(b) because they were not made within the applicable preference period and they did not benefit an insider. 96 B.R. 77...

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