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IN RE GIBRALTAR RESOURCES, INC.

Civil Action No. 3:96-CV-1754-D, Bankruptcy No. 393-37028-RCM-7, Adv. No. 396-3066.

202 B.R. 586 (1996)

In re GIBRALTAR RESOURCES, INC., d/b/a Resources International Group, et al., Debtor. Carey D. EBERT, Trustee, Plaintiff-Appellant, v. DAILEY DIRECTIONAL SERVICES and Varel Manufacturing Co., Defendants-Appellees.

United States District Court, N.D. Texas, Dallas Division.

November 26, 1996.

Attorney(s) appearing for the Case

J. Maxwell Tucker (argued), of Winstead Sechrest & Minick P.C., Dallas, TX, and Beverly E. Landis (argued), Arlington, TX, for plaintiff-appellant.

Thomas G. Gruenert (argued), Houston, TX, for defendant-appellee Dailey Directional Services.

David R. Snodgrass (argued), of Gardere & Wynne, L.L.P., Dallas, TX, for defendant-appellee Varel Manufacturing Co.

FITZWATER, District Judge:

The dispositive question presented by this bankruptcy appeal is whether an agreed judgment in an interpleader action constituted a transfer within the meaning of 11 U.S.C. § 547(e)(1)(B). Concluding that it did, and that the transfer occurred prior to the 90-day preference period, the court affirms the summary judgment of the bankruptcy court dismissing the trustee's preference action.

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