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IN RE SUPERIOR FAST FREIGHT, INC.

BAP No. CC-95-2222-HBO, Bankruptcy No. LA93-54051 ER, Adv. No. LA95-01496 ER.

202 B.R. 485 (1996)

In re SUPERIOR FAST FREIGHT, INC., Debtor. NATIONAL MOTOR FREIGHT TRAFFIC ASSOCIATION, INC., Appellant, v. SUPERIOR FAST FREIGHT, INC., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided October 25, 1996.

Attorney(s) appearing for the Case

William W. Pugh, Alexandria, VA, for Appellant.

Gregory S. Abrams, Douglas C. Fabric, Tarzana, CA, for Appellee.

Before: HAGAN, BOWIE, and OLLASON, Bankruptcy Judges.

OPINION

HAGAN, Bankruptcy Judge:

National Motor Freight Traffic Association ("National Motor") appeals the Bankruptcy Court's order granting the debtor-in-possession summary judgment on its section 547(b) preference avoidance action. We conclude the payment in issue was not a payment on an antecedent debt and REVERSE and REMAND.

FACTUAL BACKGROUND

The Debtor, Superior Fast Freight, Inc. ("Superior"), is a motor carrier of general...

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