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IN RE DAK INDUSTRIES, INC.

No. 97-56375.

170 F.3d 1197 (1999)

In re: DAK INDUSTRIES, INCORPORATED, a California Corporation, Debtor. Edward M. Wolkowitz, Chapter 7 Trustee, Plaintiff-Appellant, v. American Research Corporation; Discopylabs; Hyosung (America), Inc.; Japan Freight Consolidators, Home Theatre Products, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 19, 1999.

Attorney(s) appearing for the Case

Stuart Koenig and James B. Yobski, Bronson, Bronson & McKinnon, Los Angeles, California, for the plaintiff-appellant.

Richard Esterkin, Morgan, Lewis & Bockius, Los Angeles, California, for the defendants-appellees.

Before: GOODWIN, BRUNETTI, and T.G. NELSON, Circuit Judges.

PER CURIAM:

The Trustee of the bankruptcy proceedings of DAK Industries, Inc. ("DAK") sued certain creditors to recover payments made to them by DAK during the 90 days preceding the bankruptcy petition. The bankruptcy court found that the Trustee had not established that DAK was insolvent during the preference period, as required by 11 U.S.C. § 547(b), and, therefore, granted judgment in favor of the creditors. The district court affirmed the ruling of the bankruptcy...

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