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IN RE H & S TRANSP. CO., INC.

No. 90-5393.

939 F.2d 355 (1991)

In re H & S TRANSPORTATION COMPANY, INC., Debtor. C. Bennett HARRISON, Jr., Trustee, Plaintiff-Appellant, v. BRENT TOWING COMPANY, INC.; United Liberty Life Insurance Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 18, 1991.

Attorney(s) appearing for the Case

W. Gregory Miller (argued), Cornelius & Collins, Nashville, Tenn., for plaintiff-appellant.

C. Bennett Harrison, Jr., trustee.

Kevin E. Irwin, Keating, Muething & Klekamp, Cincinnati, Ohio, M. Taylor Harris, Gullett, Sanford, Robinson & Martin, Nashville, Tenn., Robert G. Sanker, Cincinnati, Ohio, for defendant-appellee.

Before NELSON and SUHRHEINRICH, Circuit Judges, and HACKETT, District Judge.

SUHRHEINRICH, Circuit Judge.

Plaintiff trustee appeals the district court's decision denying his preference claims against towboat owner United Liberty Life Insurance Co. ("United") arising out of payments made by the debtor, H & S Transportation Co., Inc. ("H & S" or "debtor"), to fuel suppliers. For the reasons stated below, we affirm the district court's judgment in favor of United.

I. FACTS

United owned the towboat M/V VOLUNTEER STATE...

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