In the Matter of Merchants Grain, Incorporated, Debtor. Appeal of Edmund M. Mahern, Trustee for Merchants Grain, Incorporated

GRANT, District Judge.

Edmund Mahern, as Trustee for Merchants Grain, Inc. (hereinafter “MGI”), initiated an adversary proceeding in the bankruptcy court against the defendants, the Ohio Agricultural Commodity Depositors Fund and the Ohio Commodity Advisory Commission, seeking to recover alleged preferential transfers made for the benefit of the Fund in the 90 days preceding the filing of MGI’s bankruptcy petition under 11 U.S.C. §§ 547 and 550. The defendants asserted an Eleventh Amendment defense, and the bankruptcy court dismissed the proceeding. The district court affirmed, and this appeal…