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IN RE VOGEL VAN & STORAGE, INC.

Nos. 97-5055, 97-5057.

142 F.3d 571 (1998)

In re: VOGEL VAN & STORAGE, INC., Debtor. William M. McCARTHY, Esq., as Trustee for the Estate of Vogel Van & Storage, Inc. Plaintiff-Appellant-Cross-Appellee, v. NAVISTAR FINANCIAL CORPORATION, formerly known as International Harvester Credit Corp., and Navistar, Inc., formerly known as International Harvester Company, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 27, 1998.

Attorney(s) appearing for the Case

Richard L. Weisz, Hodson, Russ, Andrews, Woods & Goodyear, Albany, NY, for Appellants.

Murray S. Brower, Catone & Brower, Albany, NY, for Appellee.

Before: WINTER, Chief Judge, PARKER, Circuit Judge, and SCHWARZER, District Judge.

PER CURIAM:

William M. McCarthy, trustee for the estate of Vogel Van & Storage, Inc. ("Vogel Van"), appeals from a judgment of the United States District Court for the Northern District of New York, affirming the bankruptcy court's conclusion that a payment by Vogel Van to appellees was made in the ordinary course of business for purposes of 11 U.S.C. § 547(c)(2) and was therefore not avoidable as a preferential transfer pursuant to Section 547(b). We affirm...

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