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IN RE STUDIO FIVE DESIGNS (USA), INC.

Bankruptcy No. 4-87-03107 JN5, Adv. No. 4-87-0363 AJ.

90 B.R. 432 (1988)

In re STUDIO FIVE DESIGNS (USA), INC., Debtor. M. NOLDEN, Trustee of the Estate Studio Five Designs (USA), Inc., Plaintiff, v. BALZER/SHOPES, INC., Defendant.

United States Bankruptcy Court, N.D. California.

August 1, 1988.

Attorney(s) appearing for the Case

William S. Klein, Hopkins, Mitchell & Carley, San Jose, Cal., for defendant.

Robert L. Ward of Law Offices of Robert L. Ward, Oakland, Cal., for plaintiff.

M. Nolden, Oakland, Cal., Trustee.

MEMORANDUM OF DECISION

LESLIE TCHAIKOVSKY, Bankruptcy Judge.

Defendant Balzer/Shopes, Inc. ("Balzer") moves for summary judgment in its favor against Plaintiff (the "Trustee") and dismissal of the instant preference action. For the reasons stated below, the motion is granted.

SUMMARY OF FACTS

There are no material facts in dispute. The facts are as follows:

Prior to the filing of its bankruptcy petition, the debtor (the "Debtor...

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