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IN RE UNIVERSAL MEDICAL SERVICES, INC.

No. 71-1466.

460 F.2d 524 (1972)

In the Matter of UNIVERSAL MEDICAL SERVICES, INC., Debtor. Appeal of Irving H. KUTCHER, Trustee in Bankruptcy.

United States Court of Appeals, Third Circuit.

Decided May 30, 1972.

Attorney(s) appearing for the Case

Marvin Krasny, Adelman & Lavine, Philadelphia, Pa., for appellant.

Leonard B. Rosenthal, Abrahams & Loewenstein, Philadelphia, Pa., for appellee.

Before SEITZ, Chief Judge, HUNTER, Circuit Judge, and McCUNE, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

On May 7, 1970, the debtor (now bankrupt) Universal Medical Services, Inc. ("Universal") and appellee Liskey Aluminum, Inc., ("Liskey") entered into a contract for the "supplying and installing" of a raised steel floor at Universal's premises in King of Prussia, Pennsylvania. Thereafter Liskey delivered materials for the floor to the job site, and installation began. On August 5, 1970, after Liskey had...

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