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WILCOX v. CSX CORP.

No. 20010411.

70 P.3d 85 (2003)

2003 UT 21

Robert E. WILCOX, Utah Insurance Commissioner, as Liquidator of Southern American Insurance Company, Plaintiff and Appellant, v. CSX CORPORATION, Defendant and Appellee.

Supreme Court of Utah.

May 9, 2003.

Attorney(s) appearing for the Case

Douglas M. Monson, Brent D. Wride, Elaine A. Monson, Salt Lake City, for plaintiff.

E. Scott Savage, Samuel O. Gaufin, Eric K. Schnibbe, Salt Lake City, for defendant.

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 This case addresses two issues of first impression for this court. The first issue is whether federal bankruptcy law should be used to interpret the voidable preference provisions of Utah Code section 31A-27-321 (2001). Appellant, Wilcox, argues that because there is no prior Utah case law addressing section 31A-27-321, 11 U.S.C. § 547(c) (1988), a "comparable" provision of the Federal Bankruptcy code, should...

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