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IN RE ASHE

Nos. 81-1629, 82-1434, 82-1435 and 82-1436.

712 F.2d 864 (1983)

In re Charles E. ASHE and Susan J. Ashe t/a C & S Fuel Service, Debtors. The COMMONWEALTH NATIONAL BANK, Objector, v. UNITED STATES of America, Intervenor, The Commonwealth National Bank, Creditor-Objector, Appellant. The COMMONWEALTH NATIONAL BANK v. Robert G. DOBSLAW and Lynnore W. Dobslaw, individually and t/a Video Pl. Appeal of The COMMONWEALTH NATIONAL BANK. In re Aaron Franklin BURKHOLDER and Anna Mary Burkholder, husband and wife, Debtors. Appeal of The COMMONWEALTH NATIONAL BANK. In re Paul S. BOSWORTH and Mabel G. Bosworth. Appeal of The COMMONWEALTH NATIONAL BANK.

United States Court of Appeals, Third Circuit.

Decided July 8, 1983.

Rehearing and Rehearing Denied August 3, 1983.

Attorney(s) appearing for the Case

Ralph W. Boyles, Jr., Nauman, Smith, Shissler & Hall, Harrisburg, Pa., for appellant Com. Nat. Bank in No. 81-1629.

Stuart E. Schiffer, Acting Asst. Atty. Gen., Carlon M. O'Malley, Jr., U.S. Atty., David Epstein, John C. Morland, (argued), Attys. Civil Div., Dept. of Justice, Washington, D.C., for intervenor/appellee, United States of America.

Howard Ulan, Jason W. Manne, Asst. Counsel, Dept. of Public Welfare, Office of Legal Counsel, Harrisburg, Pa., for amicus curiae, Com. of Pennsylvania, Dept. of Public Welfare.

John J. Brennan, Gordon W. Gerber, Candace S. Cummings, Dechert Price & Rhoads, Philadelphia, Pa., for amicus curiae, Pennsylvania Bankers Ass'n.

Jeannine Turgeon, Campbell, Spitzer, Davis & Turgeon, Harrisburg, Pa., for appellant The Com. Nat. Bank in Nos. 82-1434 to 82-1436.

James R. Leonard, Jr. (argued), Lancaster, Pa., for appellees, Robert G. Dobslaw, et al. in Nos. 82-1434 and 82-1436.

Kenneth R. Jewell, Central Pennsylvania Legal Services, Lancaster, Pa., for appellees, Aaron Franklin Burkholder and Anna Mary Burkholder.

Before GIBBONS, HIGGINBOTHAM and BECKER, Circuit Judges.

No. 81-1629 Reargued on Remand; Nos. 82-1434 to 82-1436 Argued May 16, 1983.

Rehearing and Rehearing In Banc Denied August 3, 1983.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

OPINION OF THE COURT

GIBBONS, Circuit Judge:

We deal here with four appeals which were by order of this court, on January 11, 1983, consolidated. One appeal is before us on remand from the Supreme Court, which on December 13, 1982 vacated our judgment...

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