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IN RE JULIEN CO.

No. 94-2740 M1/Bre.

202 B.R. 89 (1996)

In re The JULIEN COMPANY, Debtor. Jack F. MARLOW, Trustee, Plaintiff, v. ROLLINS COTTON COMPANY, A DIVISION OF LOR, INC., Defendant/Third Party Plaintiff, v. BANKERS TRUST COMPANY and L & S Cotton Systems, Inc., Third Party Defendants.

United States District Court, W.D. Tennessee, Western Division.

October 31, 1996.

Attorney(s) appearing for the Case

Thomas H. Fulton, John R. Dunlap, Humphreys Dunlap Wellford Acuff & Stanton, P.C., Memphis, TN, Jerome L. Kaplan, Allen I. Hirsch, Arnall Golden & Gregory, Atlanta, GA, for Rollins Cotton Co.

David Blaylock, Glankler Brown Gilliland Chase Robinson & Raines, Memphis, TN, for Julien Co.

Lee L. Piovarcy, William J. Landers, Robert E. Orians, Martin Tate Morrow & Marston, Memphis, TN, Richard A. Rosen, Edard S. Zas, Paul Weiss Rifkind Wharton Garrons, New York City, for Bankers Trust Co.

Saul C. Belz, Waring Cox, Memphis, TN, for L & S Cotton Systems, Inc.

ORDER AFFIRMING BANKRUPTCY COURT'S OPINION

McCALLA, District Judge.

The trustee and Bankers Trust Company appeal the bankruptcy court's decision finding that two pre-petition transfers, totalling approximately $22 million, from the debtor to Rollins Cotton Company were not avoidable transfers under 11 U.S.C. § 547(b). The issue on appeal is whether the bankruptcy court erred in concluding that Rollins Cotton...

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