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IN RE EAGSON CORP.

Bankruptcy No. 76-1971EG.

26 B.R. 657 (1980)

In re EAGSON CORPORATION, Bankrupt. REPUBLIC REALTY MORTGAGE CORP. and Westinghouse Electric Corp., Plaintiffs, v. Myron HARRIS, Receiver and Eagson Corp., Bankrupt, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

July 2, 1980.

Attorney(s) appearing for the Case

Andre L. Dennis, Philadelphia, Pa., for Republic Realty Mortg. Corp., plaintiff.

Neal D. Colton, Philadelphia, Pa., for Westinghouse Elec. Corp., plaintiff.

Myron Harris, pro se.

Horace A. Stern, Wexler, Weisman, Maurer & Forman, P.C., Philadelphia, Pa., for Myron Harris, receiver, defendant.

Thomas G. Meeker, Philadelphia, Pa., for Eagson Corp., defendant.

Marjorie O. Rendell, Philadelphia, Pa., for the Creditors' Committee.

James Adelman, Philadelphia, Pa., for Quaker Elevator Co.

Alan C. Gershenson, Philadelphia, Pa., for Continental Assur. Co.

J. Dennis Faucher, Philadelphia, Pa., for First Pennsylvania Bank.

Arthur Gallagher, Bryn Mawr, Pa., Michael H. Cox, Michael L. Temin, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for Strouse, Greenberg & Co.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The case at bench involves a motion for summary judgment based on an exculpatory clause. We conclude that there are genuine issues of material fact as to the validity of the exculpatory clause and that, consequently, the issue is inappropriate for summary judgment.

The facts of the instant case are as follows:1 On October 12, 1972,...

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