IN RE BLACK ANGUS MEATS OF PAOLI, INC.

Bankruptcy No. 80-02926G, Adv. No. 83-0762G.

31 B.R. 108 (1983)

In re BLACK ANGUS MEATS OF PAOLI, INC., Debtor. Leonard P. GOLDBERGER, Interim Trustee, Plaintiff, v. Edward P. SHANAUGHY, Argus Consulting, Inc., S & H Black Angus, Inc., and Any Unknown Persons or Entities Controlled by Edward P. Shanaughy, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

July 1, 1983.


Attorney(s) appearing for the Case

Leonard P. Goldberger, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for interim trustee.

Alan C. Gershenson, Samuel H. Becker, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for defendants.


MEMORANDUM OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

We are asked to reconsider an order entered by us on May 12, 1983, dismissing the plaintiff's complaint for failure to state a claim upon which relief can be granted.

The problem confronting us originally and in this motion for reconsideration is the adequacy of the trustee's pleading, based on "information and belief," in which he seeks to recover "all payments made by the debtors as preferences...

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