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IN RE MILLER MINING, INC.

Bankruptcy No. 97-61705, Adversary No. 97-6160.

219 B.R. 219 (1998)

In re MILLER MINING, INC., Debtor. Robert L. COHEN, Trustee, Plaintiff, v. KDC FINANCIAL SERVICES, INC., Defendant.

United States Bankruptcy Court, N.D. Ohio.

March 25, 1998.

Attorney(s) appearing for the Case

Michael D. Zaverton, Benesch, Friedlander, Coplan & Aronoff, L.L.P., Cleveland, OH.

Dennis C. Rathburn, Rathburn & Associates, Columbus, OH.

Jean Robertson, Hahn, Loeser & Parks, L.L.P., Cleveland, OH.

MEMORANDUM OF DECISION

JAMES H. WILLIAMS, Bankruptcy Judge.

Pending before the Court is the motion for summary judgment filed by the Plaintiff, Robert L. Cohen, the Chapter 11 Trustee (Trustee) of Miller Mining, Inc. (Debtor), in his action to recover, pursuant to 11 U.S.C. § 549, an alleged unauthorized postpetition payment of $17,753.67 to the Defendant, KDC Financial Services, Inc. (KDC). KDC has filed a memorandum in opposition to the trustee's...

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