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IN RE NORTH AMERICAN ENERGY CONSERVATION, INC.

Bankruptcy No. 00-40563 (PCB), Adversary No. 01-03633 (PCB).

339 B.R. 75 (2006)

In re NORTH AMERICAN ENERGY CONSERVATION, INC., Debtor. Lee E. Buchwald, as Trustee of the estate of North American Energy Conservation, Inc., Plaintiff, v. Avista Energy, Inc., Defendant.

United States Bankruptcy Court, S.D. New York.

February 17, 2006.

Attorney(s) appearing for the Case

Morrison & Foerster LLP., Feldman & Troup, P.C., New York, New York, By: Larren M. Nashelsky, for Defendant Avista Energy, Inc.

Stevens & Lee, New York, NY, By: Nicholas F. Kajon, Special Litigation Counsel to Chapter 7 Trustee, Lee E. Buchwald.

MEMORANDUM DECISION GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

PRUDENCE CARTER BEATTY, Bankruptcy Judge.

The Chapter 7 Trustee of North American Energy Conservation, Inc., in an effort to create an estate for unsecured creditors, filed this preference action at the expense of one of the Debtor's long-time electricity trading partners, Avista Energy, Inc.1 The Trustee seeks to recover $1,698,400 it paid to Avista...

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