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IN RE MITCHELL

Bankruptcy No. 78-1021K.

7 B.R. 143 (1980)

In re Carlton MITCHELL t/a Carl's Deli, Inc., Bankrupt.

United States Bankruptcy Court, E.D. Pennsylvania.

November 26, 1980.

Attorney(s) appearing for the Case

Elisha B. Kizer, Philadelphia, Pa., for bankrupt.

Abe Lapowsky, Philadelphia, Pa., for James E. Harmon.

James J. O'Connell, Philadelphia, Pa., trustee.

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

Presently before this court is an application to recover a deposit paid to the trustee by James E. Harmon for the purchase of a Pennsylvania Liquor Control Board Eating Retail Dispenser License from the Bankrupt. Because we find that neither the contract of sale nor the case law supports the position of the applicant, the application will be denied.

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