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IN RE U.S. AIR DUCT CORP.

Bankruptcy No. 79 02454, Adv. No. 80 0072.

8 B.R. 848 (1981)

In re U.S. AIR DUCT CORPORATION, Debtor. William S. MAZUR, as Fund Director of the Sheet Metal Workers International Association Local No. 58 Welfare Fund, Sheet Metal Workers International Association Local No. 58 Education Fund: and William S. Mazur, as Business Manager of Sheet Metal Workers International Association Local No. 58, Plaintiffs-Respondents, v. U.S. AIR DUCT CORPORATION and Franklin E. Bean, Defendants-Petitioners.

United States Bankruptcy Court, N.D. New York.

January 28, 1981.

Attorney(s) appearing for the Case

Blitman & King, Syracuse, N.Y., for plaintiffs-respondents; Jules L. Smith, Syracuse, N.Y., of counsel.

Scott, Sardano & Pomeranz, Syracuse, N.Y., for defendants-petitioners.

Kenneth J. Bobrycki, Syracuse, N.Y., for debtor.

MEMORANDUM — DECISION AND ORDER

LEON J. MARKETOS, Bankruptcy Judge.

On or about October 9, 1979, William S. Mazur, as Fund Director for the Sheet Metal Workers International Association, Local No. 58, (hereinafter, the Association), commenced an action in the New York Supreme Court for the County of Onondaga to recover fringe benefits and/or wage supplement contributions against (1) U.S. Air Duct Corporation (hereinafter, the Debtor) and (2) its corporate...

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