IN RE TRI-CITY TURF CLUB, INC.

No. 01-6216.

323 F.3d 439 (2003)

In re TRI-CITY TURF CLUB, INC., Debtor. Phaedra Spradlin, Trustee-Appellant, v. Philip D. Jarvis, Defendant-Appellee, NCI Building Systems, L.P., Movant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 24, 2003.


Attorney(s) appearing for the Case

John O. Morgan, Jr. (argued and briefed), Lexington, KY, Chrisandrea T. Ingram, Lexington, KY, for Trustee-Appellant.

Robert S. Ryan (argued and briefed), Fowler, Measle & Bell, Lexington, KY, for Movant-Appellee.

Before GILMAN and GIBBONS, Circuit Judges; POLSTER, District Judge.


OPINION

GIBBONS, Circuit Judge.

Debtor Tri-City Turf Club, Inc. instituted an adversary proceeding in the United States Bankruptcy Court for the Eastern District of Kentucky against NCI Building Systems, L.P. (NCI) alleging that NCI's reclamation of fabricated steel was a voidable preference pursuant to 11 U.S.C. § 547. Upon NCI's motion, the district court withdrew the reference of the proceeding to the bankruptcy court. NCI then filed a motion for...

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