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IN RE CROUTHAMEL POTATO CHIP CO. INC.

Bankruptcy No. 79-01939G, Adv. No. 79-0016G.

6 B.R. 501 (1980)

In re CROUTHAMEL POTATO CHIP CO. INC., Debtor. JENSEN-McLEAN COMPANY, INC., Plaintiff, v. CROUTHAMEL POTATO CHIP COMPANY, INC., Defendant, and Westinghouse Credit Corporation, Defendant Intervenor.

United States Bankruptcy Court, E.D. Pennsylvania.

September 25, 1980.

Attorney(s) appearing for the Case

Diane J. Sigmund, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for plaintiff Jensen-McLean Company, Inc.

Marvin Krasny, Adelman & Lavine, Philadelphia, Pa., for debtor/defendant Crouthamel Potato Chip Company, Inc.

Marjorie O. Rendell, Duane, Morris & Heckscher, Philadelphia, Pa., for defendant intervenor Westinghouse Credit Corp.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether a party who asserts that the debtor bought a piece of equipment as an agent of that party is entitled to reclaim that equipment over the objections of the debtor and of a secured creditor who holds a security interest in all of the debtor's present and after-acquired equipment. We conclude that the reclaiming party is entitled to the equipment inasmuch as the debtor, in purchasing...

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