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IN RE MOLTEN METAL TECHNOLOGY, INC.

Bankruptcy Nos. 97-21385-CJK, 97-21386-CJK, 97-21387-CJK, 97-21388-CJK, 97-21389-CJK. Adversary No. 99-1646.

262 B.R. 172 (2001)

In re MOLTEN METAL TECHNOLOGY, INC., MMT of Tennessee, Inc., MMT Federal Holdings, Inc., M4 Environmental Management, Inc., M4 Environmental L.P., Debtors. Stephen S. Gray, Chapter 11 Trustee, Plaintiff, v. Oppenheimer & Co., Inc., Defendant.

United States Bankruptcy Court, D. Massachusetts.

May 11, 2001.

Attorney(s) appearing for the Case

Robert L. Hamer, Mirick O'Connell DeMallie & Lougee, Worcester, MA, for Trustee.

Thomas E. Pitts, Jr., Sidney & Austin, New York City, for CIBC World Markets Corp., as successor to Oppenheimer & Co., Inc.

Stephen Gray, Boston, MA, Trustee.

MEMORANDUM OF DECISION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

CAROL J. KENNER, Bankruptcy Judge.

By his complaint in this adversary proceeding, the Chapter 11 Trustee seeks to avoid and recover a prepetition transfer from the Debtor to the Defendant in the amount of $350,000.00. The Trustee maintains that the transfer was preferential and therefore is avoidable under 11 U.S.C. § 547. The Defendant, Oppenheimer & Co., Inc. ("Oppenheimer...

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