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IN RE SLAW CONST. CORP.

Bankruptcy No. 80-00759G, Adv. No. 81-0344G.

29 B.R. 975 (1983)

In re SLAW CONSTRUCTION CORPORATION (Successor to Slaw-Landis Paving Co., Inc.), Debtor. SLAW CONSTRUCTION CORPORATION, Plaintiff, v. GEORGE WASHINGTON INDUSTRIAL PARK, INC., and First Pennsylvania Bank, N.A., Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

May 27, 1983.

Attorney(s) appearing for the Case

Thomas C. Sadler, Jr., J. Jackson Eaton, III, Butz, Hudders & Tallman, Allentown, Pa., for debtor/plaintiff, Slaw Const. Corp.

H. David Kraut, Hamburg, Rubin, Mullin & Maxwell, Lansdale, Pa., for defendant, George Washington Indus. Park, Inc.

Roslyn G. Pollack, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., for defendant, First Pennsylvania Bank N.A.

Donald M. Harrison, Philadelphia, Pa., for the Creditors' Committee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue in the case sub judice is whether certain funds held by a bank as retainage under a paving contract executed between the debtor and the defendant, is now due and owing to the debtor. We conclude that the aforesaid retainage is presently owing to the debtor because the release of the retainage, despite the defendant's contention, is not conditioned upon...

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