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IN RE CHERNICKY COAL CO., INC.

Bankruptcy No. 79-00292E, Adv. No. 85-0091.

67 B.R. 828 (1986)

In re CHERNICKY COAL COMPANY, INC., Debtor. TRAVELERS INDEMNITY COMPANY, Plaintiff, v. CHERNICKY COAL COMPANY, INC., Mid-Continent Insurance Company, and First National Bank of Fryburg, Pennsylvania, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

December 8, 1986.

Attorney(s) appearing for the Case

Robert J. Blumling, for Travelers Indemnity Company.

Vedder J. White, for Mid-Continent Insurance Company.

Henry Ray Pope, III, for First National Bank of Fryburg, Pennsylvania.

Jeffrey T. Morris, for Travelers Indemnity Company.

OPINION

Case Summary

WARREN W. BENTZ, Bankruptcy Judge.

Travelers Indemnity Insurance Company filed a complaint against the defendants to avoid a post-petition transaction pursuant to § 549 of the Bankruptcy Code. The defendants responded with Rule 12(b) Motions to dismiss. After consideration of the arguments of counsel and the briefs of the parties, we find that Travelers' complaint fails...

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