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IN RE BAKER & GETTY FINANCIAL SERVICES, INC.

Nos. 91-3195, 91-3199, 91-3200 and 91-3269.

974 F.2d 712 (1992)

In re BAKER & GETTY FINANCIAL SERVICES, INC., et al., Debtors. FIRST NATIONAL BANK OF BARNESVILLE, Plaintiff-Appellant (91-3200), Plaintiff/Cross-Appellant (91-3199), v. Carl D. RAFOTH, Trustee for Baker & Getty Financial Services, Inc., Baker & Getty Diversified, Inc., Baker & Getty Securities, Inc., Philip Cordek and Suzan Bierman Cordek, Defendants-Appellants (91-3195), Defendants/Cross-Appellants (91-3269).

United States Court of Appeals, Sixth Circuit.

Decided September 2, 1992.

Attorney(s) appearing for the Case

Daniel R. Swetnam (argued and briefed), Stephanie M. Vesper, Schwartz, Kelm, Warren & Rubenstein, Columbus, Ohio, D. Keith Roland, Carl D. Rafoth, Friedman & Rummel Company, Youngstown, Ohio, for plaintiff-appellee cross-appellant.

Robert M. Morrow, Columbus, Ohio (argued and briefed), for defendant-appellant cross-appellee.

Before: KENNEDY and BOGGS, Circuit Judges; and KRUPANSKY, Senior Circuit Judge.

BOGGS, Circuit Judge.

This is a consolidated appeal arising out of an initial bankruptcy case brought by individual creditors against a stock brokerage and financial services firm. The Trustee seeks: a) to recover certain payments received by the First National Bank of Barnesville ("Bank") from the bankrupts; and b) to subordinate the Bank's claim against the bankrupt estates. The district court held that the Trustee could recover the payments made to the bank, but...

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