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IN RE CAROLINA FLUID HANDLING INTER. HOLDING CORP.

Bankruptcy No. 09-10384 (CSS). Adversary No. 11-50393 (CSS).

467 B.R. 743 (2012)

In re CAROLINA FLUID HANDLING INTERMEDIATE HOLDING CORP., a Delaware Corporation, et al. (f/k/a Fluid Routing Solutions Intermediate Holding Corp.), Debtors. Alfred T. Guiliano, Chapter 7 Trustee Of Carolina Fluid Handling Intermediate Holding Corp. (f/k/a Fluid Routing Solutions Intermediate Holding Corp.), Plaintiff, v. Almond Investment Company d/b/a Almond Corporation, a Michigan corporation, Defendant.

United States Bankruptcy Court, D. Delaware.

March 14, 2012.

Attorney(s) appearing for the Case

Barnes & Thornburg LLP, David M. Powlen, Wilmington, DE, John T. Gregg, Grand Rapids, MI, for Defendant, Almond Products, Inc.

Pachulski Stang Ziehl & Jones LLP, Laura Davis Jones, Andrew W. Caine, Bradford J. Sandler, Jeffrey Nolan, Peter J. Keane, Wilmington, DE, for Alfred T. Giuliano, Chapter & Trustee.

OPINION1

CHRISTOPHER S. SONTCHI, Bankruptcy Judge.

This adversary proceeding was commenced by the chapter 7 trustee against Almond Products, Inc. ("Almond") seeking recovery as preferences of payments made by the Debtors. Almond filed a motion for summary judgment asserting that the payments are not avoidable because they were made under an executory supply agreement between Almond and the Debtors that was assumed...

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