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IN RE GRAND CHEVROLET, INC.

No. 92-56461.

25 F.3d 728 (1994)

In re GRAND CHEVROLET, INC., and related entities, including: Grand Motors, Inc.; Grand Wilshire Finance Corp., Grand Rizal Finance Corp., Grand Wilshire Capital, Inc., Debtors. Irving SULMEYER, Chapter 11 Trustee, Plaintiff-Appellant, v. Pacific SUZUKI, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 6, 1994.

As Amended on Denial of Rehearing June 24, 1994.

Attorney(s) appearing for the Case

Steven R. Wainess, Sulmeyer, Kupetz, Baumann & Rothman, Los Angeles, CA, for plaintiff-appellee.

Pamela Webster, Buchalter, Nemer, Fields & Younger, Los Angeles, CA, for defendant-appellee.

Before: FARRIS, RYMER and KLEINFELD, Circuit Judges.

Opinion by Judge FARRIS

FARRIS, Circuit Judge:

Trustee Irving Sulmeyer appeals the granting of summary judgment to Pacific Suzuki. The district court held that transfers from Grand Motors, Inc. to Pacific were not voidable as preferences because they fell within the ordinary course of business exception, 11 U.S.C. § 547(c)(2), and the contemporaneous exchange exception, 11 U.S.C. § 547(c)(1).

The trustee originally filed his complaint in...

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