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IN RE MAXWAY CORP.

No. 93-2552.

27 F.3d 980 (1994)

In re MAXWAY CORPORATION; In re Danners, Incorporated, Debtors. MAURICE SPORTING GOODS, INCORPORATED, Plaintiff-Appellant, v. MAXWAY CORPORATION, by and through their OFFICIAL COMMITTEE OF UNSECURED CREDITORS; Danners, Incorporated, by and through their Official Committee of Unsecured Creditors, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 23, 1994.

Attorney(s) appearing for the Case

ARGUED: Kirby Todd Phillips, Waggoner, Hamrick, Hasty, Monteith & Kratt, Charlotte, NC, for appellant. Rebecca Sofley Henderson, Durham, Wyche, Story, Whitley & Henderson, L.L.P., Charlotte, NC, for appellees. ON BRIEF: John H. Hasty, G. Bryan Adams, III, Waggoner, Hamrick, Hasty, Monteith & Kratt, Charlotte, NC, for appellant. Albert F. Durham, Durham, Wyche, Story, Whitley & Henderson, L.L.P., Charlotte, NC, for appellees.

Before WILKINS, Circuit Judge, and SPROUSE and CHAPMAN, Senior Circuit Judges.

Affirmed by published opinion. Judge WILKINS wrote the opinion, in which Senior Judge SPROUSE and Senior Judge CHAPMAN joined.

OPINION

WILKINS, Circuit Judge:

During the bankruptcy proceedings of Maxway Corporation and Danners, Incorporated (collectively "Debtors"), the Official Committee of Unsecured Creditors (the Committee) brought this action against Maurice Sporting Goods, Incorporated (Maurice), seeking to avoid and recover, as preferential...

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