IN RE ALAN WOOD STEEL CO.

Bankruptcy No. 77-930EG.

19 B.R. 4 (1982)

In re ALAN WOOD STEEL COMPANY, Debtor. SHARON STEEL CORPORATION, Plaintiff, v. FOURTEES COMPANY, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

April 2, 1982.


Attorney(s) appearing for the Case

Donald M. Collins, Stradley, Ronan, Stevens & Young, Philadelphia, Pa., for plaintiff, Sharon Steel Corp.

Pace Reich, Joseph S.U. Bodoff, Pincus, Verlin, Hahn, Reich & Goldstein, Philadelphia, Pa., for defendant, Fourtees Co.

Nathan Lavine, Adelman & Lavine, Philadelphia, Pa., for receiver, Edward J. Dwyer.

John S. Estey, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for debtor.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is who is entitled to a seven-story steel structure: the purchaser of that structure, though the time for its removal under the agreement of sale has expired, or the owner of the realty on which the structure is situated. We conclude that, although the time for removal has elapsed, the purchaser of the structure should be permitted to remove it but must pay the landowner damages for the deprivation...

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