IN RE ELKAY INDUSTRIES, INC.

Civ. A. No. 3:93-1929-17.

167 B.R. 404 (1994)

In re ELKAY INDUSTRIES, INC., Debtor. W. Ryan HOVIS, Trustee for Elkay Industries, Inc., Plaintiff, v. UNITED SCREEN PRINTERS, INC., Defendant.

United States District Court, D. South Carolina, Columbia Division.

April 26, 1994.


Attorney(s) appearing for the Case

Jose Fernando Monge, Berry, Dunbar, Daniel, O'Connor, Jordan & Eslinger, Columbia, SC, for plaintiff.

Steve Barry Licata, Columbia, SC, William W. Pettit, Holcomb & Pettit, Charlotte, NC, for defendant.


ORDER

JOSEPH F. ANDERSON, Jr., District Judge.

This matter is currently before the court on the defendant's motion for summary judgment in this adversary proceeding by the trustee to avoid an allegedly preferential payment to the defendant. The court heard argument from counsel on February 25, 1994. For the reasons set forth below, the defendant's motion for summary judgment is denied.

Summary judgment is appropriate "if the pleadings, depositions...

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