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IN RE OAKWOOD MARKETS, INC.

Nos. 99-5378, 99-5397.

203 F.3d 406 (2000)

In re OAKWOOD MARKETS, INC., Debtor. Maurice K. Guinn, Trustee, Appellant/Cross-Appellee, v. Oakwood Properties, Inc., Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 10, 2000.

Attorney(s) appearing for the Case

Maurice K. Guinn (briefed), Gentry, Tipton, Kizer, McLemore & Jendrek, Knoxville, Tennessee, for Appellant.

Scott T. Powers (briefed), Hunter, Smith & Davis, Kingsport, Tennessee, D. Michael Tranum (briefed), Hunter, Smith & Davis, Johnson City, Tennessee, for Appellee.

Before: GUY, RYAN, and BOGGS, Circuit Judges.

OPINION

RALPH B. GUY, Jr., Circuit Judge.

Maurice K. Guinn, trustee in bankruptcy for Oakwood Markets, Inc. (debtor), appeals from the judgment affirming the bankruptcy court's decision to grant summary judgment to Oakwood Properties, Inc. Asserting error by the bankruptcy court, the trustee claims that (1) the debtor's post-petition transfers pursuant to a pre-petition real estate lease were not excepted from avoidance under 11 U.S.C. § 549(b); (2...

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