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IN RE INTERSTATE BAKERIES CORPORATION

Case No. 04-45814 (jointly administered), Original Adv. No. 06-04191, Bifurcated Adv. No. 09-04205.

IN RE INTERSTATE BAKERIES CORPORATION, et al., Debtors. US BANK NATIONAL ASSOCIATION, in its capacity as Trustee of the IBC CREDITOR's TRUST, Plaintiffs, v. PETRO COMMERCIAL SERVICES, INC., Defendants.

United States Bankruptcy Court, W.D. Missouri.

April 8, 2013.

MEMORANDUM OPINION

CYNTHIA A. NORTON, Bankruptcy Judge.

Defendant Premium Food Sales, Inc. ("Defendant" or "Premium") moves the Court for partial summary judgment with respect to its ordinary course and new value defenses raised in response to the preference complaint of U.S. Bank National Association as Trustee of the IBC Creditor's Trust ("Plaintiff" or "Trustee"). For the reasons set forth below, Premium has not established as a...

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