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IN RE CHASE & SANBORN CORP.

Bankruptcy No. 83-00889-BKC-TCB, Adv. No. 85-0712-BKC-TCB-A.

54 B.R. 43 (1985)

In re CHASE & SANBORN CORP. f/k/a General Coffee Corp. et al., Debtor(s). Paul C. NORDBERG, as Trustee etc., Plaintiff, v. BANK OF CREDIT AND COMMERCE INTERNATIONAL, Defendant.

United States Bankruptcy Court, S.D. Florida.

August 8, 1985.

Attorney(s) appearing for the Case

Roberta A. Colton, Tampa, Fla., for defendant.

John H. Genovese, Miami, Fla., for plaintiff.

ORDER DENYING JURY TRIAL

THOMAS C. BRITTON, Bankruptcy Judge.

The defendant's demand for jury trial in this adversary proceeding was heard on August 5. The demand for a jury trial is denied.

The action is to avoid a preference under 11 U.S.C. § 547(b). No right to a jury existed under the Common Law for such an action, which is a statutory remedy bottomed on principles of equity. Katchen v. Landy, 382 U.S. 323...

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