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MATTER OF BRIARBROOK DEVELOPMENT CORP.

Bankruptcy No. 80-01699-1-11, Adv. No. 80-0388-1-11.

11 B.R. 515 (1981)

In the Matter of BRIARBROOK DEVELOPMENT CORPORATION, Debtor. George H. CLAY, trustee for the liquidation of Briarbrook Development Corporation, Plaintiff, v. TRADERS BANK, Defendant.

United States Bankruptcy Court, W.D. Missouri, W.D.

June 11, 1981.

Attorney(s) appearing for the Case

Benjamin F. Mann, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., for plaintiff.

David A. Welte, Polsinelli, White & Schulte, Kansas City, Mo., for defendant.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL JUDGMENT DENYING THE PLAINTIFF'S COMPLAINT FOR RELIEF

DENNIS J. STEWART, Bankruptcy Judge.

The plaintiff filed a two-count complaint in this adversary action on September 5, 1980. In the first count, the plaintiff sought, pursuant to section 547(b) of the Bankruptcy Code, to recover a preference allegedly conferred upon the defendant on the basis of the following allegations:

"On March 28, 1980, within...

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