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JONES TRUCK LINES v. FULL SERVICE LEASING CORP.

Nos. 95-1268, 95-1383.

83 F.3d 253 (1996)

JONES TRUCK LINES, INC., Plaintiff-Appellee/Cross-Appellant, v. FULL SERVICE LEASING CORPORATION, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 9, 1996.

Rehearing Denied June 12, 1996.

Attorney(s) appearing for the Case

Alexander Terras, Chicago, IL, argued (Sara E. Elder, Chicago, IL, Barkley Clark and Denis R. Dow, Kansas City, MO, on the brief), for appellant.

James J. Glover, Little Rock, AR, argued, (Gordon S. Rather, Jr., and Charles T. Coleman, on the brief), for appellee.

Before McMILLIAN, FLOYD R. GIBSON, and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

Jones Truck Lines, Inc. ("Jones"), a bankrupt common carrier, sues to recover as preferences three payments made to its truck and trailer lessor, Full Service Leasing Corporation ("FSLC"), during the ninety-day period preceding Jones's bankruptcy. A jury found that only the third payment was preferential, and both parties appeal, raising issues of insolvency, "ordinary course of business," and "new value" under the preferential transfer provision...

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