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IN RE N.E.W. NEW ENTERTAINMENT WORLD

Bankruptcy No. 88-780, ADV No. 91-1088.

159 B.R. 625 (1993)

In re N.E.W. NEW ENTERTAINMENT WORLD, Debtor. Stephen B. DARR, Trustee, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of New England Allbank, Defendant.

United States Bankruptcy Court, D. New Hampshire.

July 14, 1993.

Attorney(s) appearing for the Case

Jennifer Rood, Backus, Meyer & Solomon, Manchester, NH, for FDIC, defendant.

Dennis Bezanson, Manchester, NH, for Steven Darr, plaintiff.

MEMORANDUM OPINION

JAMES E. YACOS, Bankruptcy Judge.

I. INTRODUCTION

Before the Court for decision is the trustee's amended complaint for recovery of approximately $400,000 which was allegedly preferentially transferred to the failed New England Allbank ("Allbank"). The Federal Deposit Insurance Corporation ("FDIC") was appointed receiver for Allbank and has moved to dismiss the complaint with prejudice pursuant to 12 U.S.C. §...

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