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BOHACK CORP. v. BORDEN, INC.

No. 991, Docket 78-5017.

599 F.2d 1160 (1979)

In the Matter of The Bohack Corporation, Debtor-in-Possession. The BOHACK CORPORATION, Plaintiff-Appellee, v. BORDEN, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 7, 1979.

Attorney(s) appearing for the Case

Edward A. Matto, Columbus, Ohio, William A. Wetzel, George E. Pataki, New York City, for defendant-appellant.

J. Stanley Shaw, Jesse I. Levine, William M. Rifkin, Garden City, N.Y., for plaintiff-appellee.

Before OAKES, Circuit Judge, BLUMENFELD and MEHRTENS, District Judges.

MEHRTENS, District Judge:

In this case we are confronted with the delicate task of reconciling two provisions of the bankruptcy law which appear to be at cross-purposes with each other. One provision1 is designed to protect the interests of debtors, the other2 is intended to safeguard the rights of creditors. In an effort to harmonize these seemingly discordant segments of the law, we reverse and remand with...

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