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IN RE FURR'S SUPERMARKETS, INC.

BAP No. NM-06-117, Bankruptcy No. 7-01-1077-SA, Adversary No. 02-01095-S.

373 B.R. 691 (2007)

In re FURR'S SUPERMARKETS, INC., a Delaware Corporation, Debtor. Yvette J. Gonzales, Trustee, Plaintiff-Appellee, v. Conagra Grocery Products Company and Conagra Foods, Inc., Defendants-Appellants.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

August 15, 2007.

Attorney(s) appearing for the Case

Michael T. Eversden of McGrath, North, Mullin & Kratz, PC LLO, Omaha, Nebraska (Robert J. Bothe and James J. Niemeier of McGrath, North, Mullin & Kratz, PC LLO, Omaha, NE, and Victor E. Carlin and Jocelyn Castillo of Moses, Dunn, Farmer, & Tuthill, PC, Albuquerque, NM, with him on the brief) for Defendants-Appellants.

David T. Thuma (Robert H. Jacobvitz with him on the brief) of Jacobvitz, Thuma & Walker, P.C., Albuquerque, NM, for Plaintiff-Appellee.

Before MICHAEL, NUGENT, and BROWN, Bankruptcy Judges.

MICHAEL, Bankruptcy Judge.

ConAgra, Grocery Products Company and ConAgra. Foods, Inc. (collectively "ConAgra") appeal an order of the bankruptcy court avoiding preferential transfers made to them by Furr's Supermarkets, Inc. ("Debtor") and awarding prejudgment interest on the recovered amounts.1 To describe the matter as hotly contested would be an understatement. ConAgra now asserts the bankruptcy court erred in a myriad of ways. For...

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