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IN RE MD RECYCLING, INC.

Bankruptcy No. 10-52148. Adversary No. 12-5014.

475 B.R. 885 (2012)

In re MD RECYCLING, INC., Debtor. Margaret B. Fugate, Trustee, Plaintiff, v. Greeneville Light & Power System, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

August 3, 2012.

Attorney(s) appearing for the Case

D. Stephen Duncan, Esq. , Johnson City, TN, for Plaintiff Margaret B. Fugate, Trustee.

Jason Brill Shorter, Esq. , Johnson City, TN, for Defendant Greeneville Light & Power System.

Cathy Moses, Esq. , Washington, D.C., for Intervener United States of America.

MEMORANDUM

MARCIA PHILLIPS PARSONS, Chief Judge.

This is a preference action by the chapter 7 trustee to avoid and recover pursuant to 11 U.S.C. §§ 547 and 550 a $47,776.62 prepetition payment by the debtor MD Recycling, Inc. to Greeneville Light & Power System ("GLPS"). Presently before the court is GLPS's motion to dismiss based on its assertion that it has sovereign immunity from suit under...

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