In re Grand Chevrolet, Inc.

29 F.3d 631 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re GRAND CHEVROLET, INC., and related entities, including: Grand Motors, Inc.; Grand Wilshire Finance Corp., Grand Rizal Finance Corp., Grand Wilshire Capital, Inc., Debtors. Irving SULMEYER, Chapter 11 Trustee, Plaintiff-Appellant, v. PACIFIC BMW, Defendant-Appellee. No. 92-56509. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 7, 1994. Decided May 6, 1994. Before: FARRIS, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Trustee Irving Sulmeyer appeals the granting of summary judgment to Pacific BMW. We have jurisdiction under 28 U.S.C. Sec. 1291 . We review de novo. In re Food Catering & Housing, Inc., 971 F.2d 396 , 397 (9th Cir.1992). 3 We have carefully reviewed the record. Pacific BMW introduced uncontroverted evidence that from January 1988 through mid-April 1988 (prior to the 90 day preference period), the debtor purchased ten vehicles from Pacific BMW using "72 hour"…