IN RE KROH BROS. DEVELOPMENT CO.

Nos. 87-00640-1-11, 87-00641-1-11, 87-01263-1-11, 87-01265-1-11, 87-01266-1-11, 87-01930-1-11 and 91-0283-CV-W-6.

137 B.R. 332 (1992)

In re KROH BROTHERS DEVELOPMENT COMPANY, et al., Debtors. KROH BROTHERS DEVELOPMENT COMPANY and the Kroh Operating Limited Partnership, by I.I. Ozar, Managing Agent and Estate Administrator, Plaintiffs, v. UNITED MISSOURI BANK OF KANSAS CITY, N.A., Defendant.

United States District Court, W.D. Missouri, W.D.

February 13, 1992.


Attorney(s) appearing for the Case

R. Pete Smith, Jonathan A. Margolies, David D. Ferguson, McDowell, Rice & Smith, P.C., Kansas City, Mo., for plaintiffs.

Thomas E. Deacy and Gary M. Cupples, Deacy & Deacy, and Peter M. Granat, United Missouri Bank, N.A., Kansas City, Mo., for defendant.


MEMORANDUM AND ORDER

SACHS, Chief Judge.

In Count 3 of its complaint the plaintiffs seek to avoid a $4,000,000 preferential transfer made to United Missouri Bank ("UMB") as an insider pursuant to 11 U.S.C.A. § 547. The plaintiffs have filed a renewed motion for summary judgment on the issue of defendant UMB's insider status.1

STANDARDS FOR SUMMARY JUDGMENT

Summary judgment is appropriate where "the pleadings...

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