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FOX v. PECK IRON AND METAL CO., INC.

Complaint No. C80-0253-M, Bankruptcy No. 80-01270-M11.

25 B.R. 674 (1982)

Joseph N. FOX, Trustee of Scrap Disposal, Inc., a California corporation, Plaintiff, v. PECK IRON AND METAL COMPANY, INC., a Virginia corporation, Defendant.

United States Bankruptcy Court, S.D. California.

December 22, 1982.

Attorney(s) appearing for the Case

Jay D. Hanson, Jan S. Gonnerman, Gray, Cary, Ames & Frye, San Diego, Cal., for plaintiff.

Edgar P. Boyko, Fletcher W. Paddison, Miller, Boyko & Bell, San Diego, Cal., for defendant.

MEMORANDUM OPINION

JAMES W. MEYERS, Bankruptcy Judge.

I

On May 16, 1980, the debtor, Scrap Disposal, Inc. ("Scrap"), filed for protection under Chapter 11 of the United States Bankruptcy Code ("Code").

On July 2, 1980, the debtor filed the initial complaint in this case. The defendant, Peck Iron and Metal Company, Inc. ("Peck"), filed its answer on August 22, 1980.

On November 2, 1980, the debtor filed a motion for summary judgment...

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