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IN RE IRFM, INC.

No. 94-55235.

65 F.3d 778 (1995)

In re IRFM, INC., Debtor. Robert P. MOSIER, Trustee, Plaintiff-Appellant, v. KROGER COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 12, 1995.

As Amended on Denial of Rehearing and Suggestion for Rehearing November 27, 1995.

Attorney(s) appearing for the Case

Michael G. Spector, Marshack & Goe, Santa Ana, CA, for plaintiff-appellant.

Roger A. Ferree, Arter & Hadden, Los Angeles, CA, for defendant-appellee.

Before: FARRIS and O'SCANNLAIN, Circuit Judges; TASHIMA, District Judge.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc November 27, 1995.**

O'SCANNLAIN, Circuit Judge:

We must decide whether the statute of limitations under the pre-1994 version of the Bankruptcy Code begins running — for a Chapter 7 trustee to bring an avoidance action — from the time the bankruptcy petition is filed or from the time the trustee is appointed.

I

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