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IN RE APPALACHIAN OIL CO., INC.

Bankruptcy No. 09-50259. Adversary No. 10-5067.

471 B.R. 199 (2012)

In re APPALACHIAN OIL COMPANY, INC., Debtor. Appalachian Oil Company, Inc., Plaintiff, v. Tennessee Education Lottery Corporation, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

March 23, 2012.

Attorney(s) appearing for the Case

Mark S. Dessauer, Esq., Hunter, Smith & Davis, Kingsport, TN, for Plaintiff.

William F. McCormick, Esq., Tennessee Attorney General's Office, Nashville, TN, for Defendant.

MEMORANDUM

MARCIA PHILLIPS PARSONS, Bankruptcy Judge.

This is an action pursuant to 11 U.S.C. §§ 547(b) and 550(a) to avoid and recover certain alleged preferential transfers totaling $526,790.68 made by the debtor Appalachian Oil Company, Inc. ("APPCO") to Tennessee Education Lottery Corporation ("TEL"). Presently before the court is TEL's motion for summary judgment based on its contention that the transfers constituted trust funds and...

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