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IN RE PERFORMANCE TRANSPORTATION SERVICES, INC.

Case No. 07-4746 K, AP No. 09-1190 K., 09-1244K

In re Performance Transportation Services, Inc., et al, Debtor. Mark S. Wallach, Esq., Chapter 7 Trustee of Performance Transportation Services, Inc., et al., Plaintiff, v. Ford Motor Company, Defendant. Mark S. Wallach, Esq., Chapter 7 Trustee of Performance Transportation Services, Inc., et al., Plaintiff, v. Ford Motor Company, Defendant.

United States Bankruptcy Court, W.D. New York.

April 12, 2013.

Attorney(s) appearing for the Case

Janet G. Burhyte, Esq. , Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo, NY, Attorney for Plaintiff.

Marc N. Swanson, Esq. , Ronald A. Spinner, Esq. , Miller Canfield Paddock & Stone, PLC, Detroit, MI, Attorneys for Ford Motor Company.

Kevin Tompsett, Esq. , Harris Beach PLLC, 99 Garnsey Road, Pittsford, NY 14534, Attorney for Ford Motor Company.

NOT FOR PUBLICATION

OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT

MICHAEL J. KAPLAN, Bankruptcy Judge.

This is this writer's first experience with a witness who is an expert on the subject of the "ordinary course" defense in a preference action.1 Although the question of whether a transfer falls within the defense or not is an "ultimate question" for the Court, Rule 704, Federal Rules...

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