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MILLER v. WELLS FARGO BANK INTERNATIONAL CORP.

No. 74 Civ. 3714(MP).

406 F.Supp. 452 (1975)

Alan B. MILLER, as Trustee in Bankruptcy of American IBC Corp., Bankrupt, Plaintiff, v. WELLS FARGO BANK INTERNATIONAL CORP., Defendant.

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

December 22, 1975.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, New York City, for plaintiff; Charles Seligson, Harvey R. Miller, Robert A. Weiner, and Fredric J. Leffel, New York City, of counsel.

Dunnington, Bartholow & Miller, New York City, for defendant; Charles L. Stewart, Gerald E. Ross, and Roger R. Crane, Jr., New York City, of counsel.

OPINION AND FINDINGS

POLLACK, District Judge.

This is a plenary suit by a trustee in bankruptcy to recover, as voidable preferences, two loan repayments made by the bankrupt to the defendant bank in November 1973. Jurisdiction is conferred on the Court by 11 U.S.C. § 46 and 28 U.S.C. § 1331. The case was presented at a bench trial and has been fully briefed by the parties.

The plaintiff, a Trustee in Bankruptcy of American IBC Corporation...

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