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IN RE ALABAMA STATE FAIR AUTHORITY

Bankruptcy No. 94-03695-BGC-9, Adversary No. 96-00558.

214 B.R. 929 (1997)

In re ALABAMA STATE FAIR AUTHORITY, Debtor. Max C. POPE, Sr., Plaintiff-Trustee, v. ALABAMA POWER CO., Defendant.

United States Bankruptcy Court, N.D. Alabama, Southern Division.

September 23, 1997.

Attorney(s) appearing for the Case

John Lavette, Birmingham, AL, for Debtor.

Charles R. Johanson, Birmingham, AL, for Plaintiff-Trustee.

Jesse Vogtle, Jr., Birmingham, AL, for Defendant.

Memorandum Opinion on the Defendant's Motion to Dismiss Chapter 9 Adversary Proceeding

BENJAMIN COHEN, Bankruptcy Judge.

I. Background

The trustee filed the pending complaint in this Chapter 9 case on December 16, 1996 contending that payments of $141,268.00 made to the defendant by the debtor constitute preference payments under 11 U.S.C. § 547. The defendant contends that the trustee's complaint was filed beyond the two-year statute...

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