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MATTER OF DAIRY STORES, INC.

Bankruptcy No. 90-34085, Adv. No. 92-3002.

148 B.R. 6 (1992)

In the Matter of DAIRY STORES, INC. t/a Krauzer's, Debtor. OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR DAIRY STORES, INC. t/a Krauzer's, Plaintiff, v. UNITED STATES DEPARTMENT OF LABOR, WAGE AND HOUR DIVISION, Defendant.

United States Bankruptcy Court, D. New Jersey.

December 4, 1992.

Attorney(s) appearing for the Case

Stuart Komrower, Cole, Schotz, Bernstein, Meisel & Forman, Hackensack, NJ, for plaintiff.

Suzanne R. Dyer, U.S. Attorney's Office, Newark, NJ, Theodore T. Gotsch, Marc Sheris, Office of the Sol., U.S. Dept. of Labor, New York City, for defendant.

OPINION

WILLIAM H. GINDIN, Chief Judge.

PROCEDURAL BACKGROUND

The Chapter 11 Official Committee of Unsecured Creditors (hereinafter "committee") commenced the within adversary proceeding seeking to avoid certain payments made by debtor to the United States Department of Labor (hereinafter "Department") as preferential transfers, in violation of 11 U.S.C. § 547. The committee filed a motion for summary judgment in accordance with F.R.B.P. 7056...

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