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IN RE KEMP PACIFIC FISHERIES, INC.

No. 92-36631.

16 F.3d 313 (1994)

In re KEMP PACIFIC FISHERIES, INC., A Washington corporation, Debtor. Thomas HANSEN, trustee of the Kemp Pacific Fisheries, Inc., bankruptcy estate, Plaintiff-Appellee, v. MacDONALD MEAT COMPANY, A Washington corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 3, 1994.

Attorney(s) appearing for the Case

Cheryl D. Carlson, Danial D. Pharris, Lasher Holzapfel Sperry & Ebberson, Seattle, Washington, for the defendant-appellant.

James L. Day, Bush Strout & Kornfeld, Seattle, Washington, for the plaintiff-appellee.

Before GOODWIN, CANBY and KOZINSKI, Circuit Judges.

PER CURIAM:

This is an action by a bankruptcy trustee to recover money paid to a creditor. The trustee, Thomas Hansen, argues that the payment in question was a preferential transfer and is avoidable under the Bankruptcy Code, 11 U.S.C. § 547(b). The bankruptcy court granted the trustee's motion for summary judgment and avoided the payment. The district court affirmed. The creditor, MacDonald Meat Company, appeals, alleging that the transaction was not a preferential...

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