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IN RE SOUTHWEST EQUIPMENT RENTAL

Bankruptcy No. 1-88-00033, Adv. No. 1-89-0054.

152 B.R. 207 (1992)

In re SOUTHWEST EQUIPMENT RENTAL d/b/a Southwest Motor Freight, Debtor. C. Kenneth STILL, Trustee in Bankruptcy, Plaintiff, v. FUNDSNET, INC., and First Data Resources, Inc., Defendants.

United States Bankruptcy Court, E.D. Tennessee.

December 23, 1992.

Attorney(s) appearing for the Case

Gary R. Patrick & Cara J. Alday, Patrick, Beard & Richardson, Chattanooga, TN, for plaintiff.

Bruce C. Bailey, Chambliss & Bahner, Chattanooga, TN, and C. Thomas Wesner, Jr., Wesner, Coke, Boyd & Clymer, Dallas, TX, for defendants.

MEMORANDUM

RALPH H. KELLEY, Chief Judge.

The bankruptcy trustee for Southwest Equipment Rental brought this suit against Fundsnet and First Data to recover the amount of alleged preferential payments that they received from Southwest before its bankruptcy. The defendants have filed motions to dismiss. They argue that Southwest's bankruptcy case must be dismissed for lack of jurisdiction, and since this lawsuit is solely for the benefit of the bankruptcy...

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