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DURHAM v. SMI INDUSTRIES, INC.

No. C-C-87-0454-P.

90 B.R. 162 (1988)

Albert F. DURHAM, Trustee in Bankruptcy for Continental Commodities, Inc., Plaintiff-Appellee, v. SMI INDUSTRIES, INC., d/b/a Kasle Recycling, Inc. and d/b/a Schuchman Metals, Inc. and SMI Industries Corporation, d/b/a Kasle Recycling, Inc. and d/b/a Schuchman Metals, Inc., Defendants-Appellants.

United States District Court, W.D. North Carolina, Charlotte Division.

September 6, 1988.

Attorney(s) appearing for the Case

Albert F. Durham, Charlotte, N.C., for plaintiff-appellee.

Joseph W. Murphy, Indianapolis, Ind., Edward P. Hausle, Charlotte, N.C., for defendants-appellants.

ORDER

ROBERT D. POTTER, Chief Judge.

THIS MATTER is before the Court on Defendants' appeal from the decision of the bankruptcy court. The trustee brought this adversary action to recover an alleged preferential transfer made by the debtor to Defendants. Defendants contended that the transfer actually was a set-off, permissible under section 547(b) of the Bankruptcy Code because it did not enable Defendants to receive more than they would have received if...

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