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McCUSKEY v. CENTRAL TRAILER SERVICES, LTD.

Nos. 93-4121, 93-4123, 93-4124, 93-4128 and 93-4131.

37 F.3d 1329 (1994)

Thomas G. McCUSKEY, Trustee, Plaintiff-Appellee, v. CENTRAL TRAILER SERVICES, LTD., Defendant-Appellant. Thomas G. McCUSKEY, Trustee, Plaintiff-Appellee, v. PACCAR FINANCIAL SERVICES, Defendant-Appellant. Thomas G. McCUSKEY, Trustee, Plaintiff-Appellee, v. GREYHOUND FINANCIAL CORPORATION, sued as Greyhound Leasing & Financial Corporation, Defendant-Appellant. Thomas G. McCUSKEY, Trustee, Plaintiff-Appellee, v. GENERAL ELECTRIC CAPITAL CORPORATION, formerly known as General Electric Credit Corporation, Defendant-Appellant. Thomas G. McCUSKEY, Trustee, Plaintiff-Appellee, v. SIGNAL CAPITAL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 13, 1994.

Rehearing Denied November 15, 1994.

Attorney(s) appearing for the Case

Mark Walz, Des Moines, IA, argued (Gerald J. Newbrough for General Elec. Capital Corp., Peter Cannon, for Signal Capital Corp. and Mark D. Walz, for Paccar Financial Corp., Greyhound Financial Corp. and Cent. Trailing Services, on the joint brief), for appellants.

Thomas McCuskey, Cedar Rapids, IA, argued (Jeffrey P. Taylor and Thomas G. McCuskey, on the brief), for appellee.

Before LOKEN, Circuit Judge, BRIGHT, Senior Circuit Judge, and HANSEN, Circuit Judge.

HANSEN, Circuit Judge.

The defendants, creditors of Rose Way, Inc., appeal the district court's order reversing the bankruptcy court's dismissal of preferential transfer actions brought under 11 U.S.C. § 547 by Thomas G. McCuskey as trustee of Rose Way, Inc.'s chapter 7 bankruptcy estate. The bankruptcy court found that the preference actions were barred by the two-year statute of limitation contained in 11 U.S.C. &...

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