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IN RE U.S.A. INNS OF EUREKA SPRINGS, ARKANSAS, INC.

No. 93-1631.

9 F.3d 680 (1993)

In re U.S.A. INNS OF EUREKA SPRINGS, ARKANSAS, INC., Debtor. Claude R. JONES, Plaintiff-Appellant, v. UNITED SAVINGS AND LOAN ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 4, 1993.

Rehearing Denied December 7, 1993.

Attorney(s) appearing for the Case

Steven Bruce Davis, Harrison, AR, argued for plaintiff-appellant.

Norman E. Beal, Kansas City, KS, argued (Paul T. Fullerton, Kansas City, MO, and Gail-Inman-Campbell of Harrison, AR, on the brief), for defendant-appellee.

Before HANSEN, Circuit Judge, LAY and BRIGHT, Senior Circuit Judges.

LAY, Senior Circuit Judge.

The trustee of the bankruptcy estate of the U.S.A. Inns of Eureka Springs, Arkansas, Inc. (the "U.S.A. Trustee") appeals the judgment of the district court holding that certain preferential payments made by the debtor to United Savings and Loan Association ("United") in the ninety days preceding the debtor's bankruptcy filing were excepted from the trustee's avoidance power under the "ordinary course of business" exception of 11 U.S.C. ...

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