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IN RE GATEWAY PACIFIC CORP.

BAP No. 97-6015EMSL.

214 B.R. 870 (1997)

In re GATEWAY PACIFIC CORP., Debtor. OFFICIAL PLAN COMMITTEE, et al., Appellee, v. EXPEDITORS INTERNATIONAL OF WASHINGTON, INC., Appellant.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided December 5, 1997.

Attorney(s) appearing for the Case

Thomas Stuart Hemmendinger, Providence, RI, Mark A. Bertsch, on the brief, St. Louis, MO, for appellant.

David A. Warfield, St. Louis, MO, for appellee.

Before KRESSEL, WILLIAM A. HILL, and DREHER, Bankruptcy Judges.

DREHER, Bankruptcy Judge.

This is an appeal from the bankruptcy court's1 decision that certain payments made by Gateway Pacific Corp. (Debtor) to Expeditors International of Washington, Inc. (Expeditors) were avoidable under § 547 of the Bankruptcy Code. The parties stipulated that the payments were preferential under Bankruptcy Code § 547(b). On appeal is the bankruptcy court's determination that Expeditors had not established...

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