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IN RE AMERICAN ENVIRONMENTAL SERVICES CO., INC.

Bankruptcy No. 92-20551. Adv. No. 93-2161.

164 B.R. 462 (1994)

In re AMERICAN ENVIRONMENTAL SERVICES CO., INC., Debtor. AMERICAN ENVIRONMENTAL SERVICES CO., INC., Plaintiff, v. BLUE CROSS/BLUE SHIELD OF the ROCHESTER AREA, Defendant.

United States Bankruptcy Court, W.D. New York.

January 20, 1994.

Attorney(s) appearing for the Case

David D. MacKnight, Lacy, Katzen, Ryen & Mittleman, Rochester, NY, for debtor/plaintiff.

David L. Rasmussen, Harris, Beach & Wilcox, Rochester, NY, for defendant.

DECISION AND ORDER

JOHN C. NINFO, II, Bankruptcy Judge.

BACKGROUND

On February 28, 1992, American Environmental Services Co. Inc. (the "Debtor") filed a petition initiating a Chapter 7 case, and on March 13, 1992, the Office of the U.S. Trustee appointed a trustee (the "Trustee"). On July 1, 1993, the Trustee commenced an adversary proceeding against Blue Cross/Blue Shield of the Rochester Area ("Blue Cross") to avoid certain prepetition payments...

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