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IN RE KIWI INTERN. AIR LINES, INC.

Nos. 02-1037, 02-1038, and 02-1654.

344 F.3d 311 (2003)

In re: KIWI INTERNATIONAL AIR LINES, INC. Simon Kimmelman, Trustee in Bankruptcy Appellant in No. 02-1037 v. The Port Authority of New York and New Jersey Simon Kimmelman, Trustee in Bankruptcy Appellant in No. 02-1038 v. Sabre Decision Technologies, Inc. Simon Kimmelman, Trustee in Bankruptcy Appellant in No. 02-1654 v. CIT Group/Credit Finance, Inc. a/k/a The CIT Group, Inc.

United States Court of Appeals, Third Circuit.

Filed September 25, 2003.

Attorney(s) appearing for the Case

Jeffrey S. Posta, (Argued), Sterns & Weinroth, P.C., Trenton, NJ, for Appellant Simon Kimmelman, Trustee.

Anne M. Tannenbaum, (Argued), Hugh H. Welsh, Michael E. Jankoski, The Port Authority of New York and New Jersey Law Department, Opinions & Appeals Division, New York, NY, for Appellee The Port Authority of New York and New Jersey.

Stephen C. Stapleton, (Argued), Maricela R. Moore, Cowles & Thompson, P.C., Dallas, TX, for Appellee Sabre Decision, Technologies, Inc.

James M. Peck. (Argued), Alix S. Pustilnik, Schulte Roth & Zabel LLP, New York, NY, David Wolff, Hellring Lindeman Goldstein & Siegal LLP, Newark, NJ, for Appellee The CIT Group Credit Finance, Inc. a/k/a The CIT Group, Inc.

Before: FUENTES and STAPLETON, Circuit Judges and O'KELLEY, District Judge.

OPINION OF THE COURT

FUENTES, Circuit Judge.

In this consolidated bankruptcy appeal, the trustee for the debtor, Kiwi International Air Lines, Inc., appeals the dismissal of three preference actions he brought against a number of Kiwi's creditors to recover nearly $3.9 million in payments Kiwi made to the creditors before it filed a petition for reorganization. Kiwi made the payments in all three cases pursuant to a number of written agreements that were...

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