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MATTER OF MERCHANTS GRAIN, INC.

No. 94-1721.

59 F.3d 630 (1995)

In the Matter of MERCHANTS GRAIN, INCORPORATED, Debtor. Appeal of Edmund M. MAHERN, Trustee for Merchants Grain, Incorporated.

United States Court of Appeals, Seventh Circuit.

Decided June 30, 1995.

Attorney(s) appearing for the Case

Joseph H. Yeager, Jr., James M. Carr, Wendy W. Ponader (argued), Baker & Daniels, Indianapolis, IN, for Edmund M. Mahern.

William B. Logan, Jr. (argued), Kenneth M. Richards, Luper, Wolinetz, Sheriff & Neidenthal, Columbus, OH, Cheryl Minsterman, Ohio Dept. of Agriculture, Reynoldsburg, OH, for Ohio Agricultural Commodity Depositors Fund, Ohio Commodity Advisory Com'n.

James M. Carr, Baker & Daniels, Indianapolis, IN, for Merchants Grain, Inc.

Before BAUER and MANION, Circuit Judges, and GRANT, District Judge.

GRANT, District Judge.

Edmund Mahern, as Trustee for Merchants Grain, Inc. (hereinafter "MGI"), initiated an adversary proceeding in the bankruptcy court against the defendants, the Ohio Agricultural Commodity Depositors Fund and the Ohio Commodity Advisory Commission, seeking to recover alleged preferential transfers made for the benefit of the Fund in the 90 days preceding the filing of MGI's bankruptcy petition under 11 U.S.C. §§ 547 and 550. The defendants...

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