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IN RE P.A. BERGNER & CO. HOLDING CO.

Bankruptcy Nos. 91-25501 to 91-25516 and 93-20736. Adv. No. 93-2323.

187 B.R. 964 (1995)

In re P.A. BERGNER & CO. HOLDING CO., et al., Debtors. P.A. BERGNER, Plaintiff, v. BANK ONE, MILWAUKEE, N.A., Defendant.

United States Bankruptcy Court, E.D. Wisconsin.

July 28, 1995.

Attorney(s) appearing for the Case

Amy R. Wolf, Douglas K. Mayer, Wachtell, Lipton, Rosen & Katz, New York City, Marshall Simmons, Michael R. Rochelle, Dallas, TX, Elizabeth Warren (Delivered Oral Argument), University of Pennsylvania Law School, Philadelphia, PA, Charles J. Hansen (Corporate Counsel), P.A. Bergner & Co., Milwaukee, WI, for plaintiff.

G. Christopher Meyer (Delivered Oral Argument), Squire, Sanders & Dempsey, Cleveland, OH, Michael R. Wherry, Michael C. Runde, Davis & Kuelthau, S.C., Russell S. Long (Corporate Counsel), Bank One, Milwaukee, N.A., Milwaukee, WI, for defendant.

AMENDED MEMORANDUM DECISION

M. DEE McGARITY, Bankruptcy Judge.

Introduction

This adversary proceeding for recovery of an avoidable preference or setoff was brought by the debtor in possession, P.A. Bergner & Co. Holding Company ("Bergner" or "debtor") against its prepetition creditor, Bank One, Milwaukee, N.A. ("bank," "creditor" or "Bank One"), on April 26, 1992. For ease of reference, the plaintiff will be referred to as "Bergner...

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