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IN RE METROPOLITAN INTERN., INC.

No. 79-1282.

616 F.2d 83 (1980)

In re METROPOLITAN INTERNATIONAL, INC., Metro Mining, Inc.; Fran-Ru Enterprises, Inc.; MII Aviation, Inc.; and MII Restaurant Systems, Inc., its wholly owned subsidiaries, Debtors. Appeal of Equibank, N.A.

United States Court of Appeals, Third Circuit.

Decided February 22, 1980.

Attorney(s) appearing for the Case

Robert N. Hackett, Michael E. Hill, Baskin & Sears, Pittsburgh, Pa., for appellant.

Hillard Kreimer, Christopher A. Beck, McCrady, Kreimer, Ravick & Bonistalli, and Alfred C. Maiello, Pittsburgh, Pa., for appellee.

Before GIBBONS and HIGGINBOTHAM, Circuit Judges, and WEINER, District Judge.

Submitted under Third Circuit Rule 12(6) October 16, 1980.

OPINION OF THE COURT

WEINER, District Judge.

In this bankruptcy case, Equibank, the appellant, seeks to overturn the order of the district court affirming the bankruptcy court's decision that the appellant waived its right of set-off, which right is provided for in Section 68 of the Bankruptcy Act, 11 U.S.C. § 108. In the alternative, the appellant seeks an order remanding the case to...

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