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IN RE ATECO EQUIPMENT, INC.

Bankruptcy No. 81-2981, Adv. No. 81-1979.

17 B.R. 230 (1982)

In re ATECO EQUIPMENT, INC., Debtor. KOENIG INCORPORATED, Plaintiff, v. ATECO EQUIPMENT, INC., Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

January 20, 1982.

Attorney(s) appearing for the Case

Ralph H. German, Pittsburgh, Pa., for plaintiff.

Sanford M. Lampl, Mary Ann McKeen, Pittsburgh, Pa., for debtor/defendant.

MEMORANDUM OPINION

JOSEPH L. COSETTI, Bankruptcy Judge.

INTRODUCTION

The issues before this Court are twofold. The first is whether a shipper of goods pursuant to a consignment agreement can recover those goods from the consignee after the consignee files Bankruptcy. The second is whether a Debtor in Possession has the same rights in those goods as would a Trustee in Bankruptcy.

HISTORY OF THE CASE

Koenig Incorporated (hereinafter...

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