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IN RE DOWNS

Bankruptcy No. 1-83-01702, Adv. No. 1-83-0602.

65 B.R. 1 (1985)

In re Alvie Ray DOWNS, d/b/a Al Downs Construction Company, Debtor. C. Kenneth STILL, Trustee, Plaintiff, v. KINGSBERRY HOMES, A DIVISION OF BOISE-CASCADE COMPANY and Coy Brinkley, d/b/a 20th Century Decorating, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

March 15, 1985.

Attorney(s) appearing for the Case

Harry R. Cash of Brown, Dobson, Burnette & Kesler, Chattanooga, Tenn., for plaintiff.

H. Thomas Parsons, Manchester, Tenn., for defendant, Kingsberry Homes.

Frank Van Cleave, Ray & Van Cleave, Tullahoma, Tenn., for defendant, Coy Brinkley.

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

Trustee v. Kingsberry Homes

This is a suit by the trustee in bankruptcy to recover an alleged preferential payment to a creditor that furnished supplies to the debtor for use in his construction business. The parties stipulated the facts as follows.

The debtor, Alvie Ray Downs, d/b/a Al Downs Construction Company, (hereinafter "Debtor") filed his...

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