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IN RE GREENE

No. 98-16539

223 F.3d 1064 (2000)

In re Thomas A. GREENE, aka Radiator Service, Inc., and Bobby Jean Greene, Debtors. MBNA America, Appellant, v. Jeffry G. Locke, Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 12, 2000.

Attorney(s) appearing for the Case

Dennis Winters, Winters Law Firm, Santa Ana, CA; Gilbert B. Weisman, William J. Becket, Becket & Lee, Malvern, PA, for appellant.

Fred S. Hjelmeset, Law Offices of Reidun Stromsheim, San Francisco, CA, for appellee.

Before: O'SCANNLAIN, HAWKINS, and WARDLAW, Circuit Judges.

Opinion by Judge O'SCANNLAIN; Dissent by Judge HAWKINS

O'SCANNLAIN, Circuit Judge:

How do we count the time within which a preferential transfer in bankruptcy occurs when the 90th day before the filing date of the petition falls on a Saturday?

I

On February 29, 1996, Thomas A. Greene and Bobby Jean Greene (collectively, "the Greenes") tendered a check for $21,998.71 to MBNA America ("MBNA"). The check cleared the Greenes' bank on March 8...

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