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IN RE PASCO TOBACCO CO., INC.

Bankruptcy No. 78-1917EG.

21 B.R. 958 (1982)

In re PASCO TOBACCO CO., INC., Bankrupt. Fred ZIMMERMAN, Trustee, Plaintiff, v. William S. ROSENTHAL, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

August 3, 1982.

Attorney(s) appearing for the Case

Jonathan H. Ganz, Pincus, Verlin, Hahn, Reich & Goldstein, Philadelphia, Pa., for plaintiff, Fred Zimmerman, trustee.

Fred Zimmerman, Pennsauken, N.J., trustee.

Gilbert B. Abramson, Jay Feinschil, Abramson, Freedman & Blackman, P.C., Philadelphia, Pa., for defendant, William S. Rosenthal.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us springs from the defendant's motion for summary judgment. The question is which statute of limitations is applicable to the instant complaint brought by the trustee against the defendant the former president and sole shareholder of the bankrupt, to recover monies which the defendant allegedly wrongfully diverted from the bankrupt to his own use. We conclude that the appropriate statute of limitations...

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