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IN RE BATTERY ONE-STOP LTD.

No. 93-3996.

36 F.3d 493 (1994)

In re BATTERY ONE-STOP LTD., Debtor. BATTERY ONE-STOP LTD., Plaintiff-Appellant, v. ATARI CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 23, 1994.

Attorney(s) appearing for the Case

Joseph C. Lucci (argued and briefed), Timothy M. Reardon (briefed), Nadler, Nadler & Burdman, Youngstown, OH, for plaintiff-appellant.

Charles M. Rosenberg (argued and briefed), Jonathan R. Cooper, Benesch, Friedlander, Coplan & Aronoff, Cleveland, OH, for defendant-appellee.

Before: LIVELY, MARTIN, and SUHRHEINRICH, Circuit Judges.

LIVELY, Circuit Judge.

In this bankruptcy case we must determine at what stage in garnishment proceedings under Ohio law a "transfer" takes place for purposes of 11 U.S.C. § 547(b), which permits a trustee in bankruptcy to avoid transfers of interests in a debtor's property made within 90 days before the date of filing a petition in bankruptcy.

I.

A.

The parties filed a stipulation of undisputed...

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