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IN RE ST. JOHNSBURY TRUCKING CO., INC.

Bankruptcy No. 93-B-43136 (FGC). Adv. No. 93-1073.

174 B.R. 186 (1994)

In re ST. JOHNSBURY TRUCKING CO., INC., Debtor. The OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF ST. JOHNSBURY TRUCKING COMPANY, INC., and St. Johnsbury Trucking Company, Inc., Plaintiffs, v. BANKERS TRUST COMPANY, as agent, Defendant. BANKERS TRUST COMPANY, as agent, Counterclaimant, v. ST. JOHNSBURY TRUCKING COMPANY, INC., and William M. Clifford.

United States Bankruptcy Court, D. Vermont.

November 23, 1994.

Attorney(s) appearing for the Case

C.O'C. Reis of Obuchowski & Reis, Bethel, VT, and S.L. Chenetz and R. Levy, Jr. of Marcus Montgomery, Wolfson, P.C., New York City, for Official Committee of Unsecured Creditors (Committee).

H. Berman and M.D. Bloom of Greenberg, Traurig, Hoffman, Rosen & Quentel, New York City, for St. Johnsbury Trucking Co., Inc. (Debtor).

G.J. Vitt of Brooks, McNally, Whittington, Platto & Vitt, Norwich, VT, and L.T. Crowley of Winthrop, Stimson, Putnam & Roberts, New York City, for Bankers Trust Co. (Bankers).

N. Creswell, S. Hoort and J. Sigel of Ropes & Gray, Boston, MA, for William M. Clifford (Clifford).

MEMORANDUM OF DECISION ON EXTENT OF AVOIDING POWER

FRANCIS G. CONRAD, Bankruptcy Judge.

Bankers moves1 for reconsideration2 of our October 24, 1994, bench ruling denying its earlier "Motion in Limine Concerning Limitation on the Extent of the Debtor's Avoiding Powers" under 11 U.S.C. § 544(a). That motion asked us to issue an order ruling that

Debtor's avoiding powers . . . relating...

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