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IN RE E.C. ERNST, INC.

Bankruptcy No. 78 B 2139-41.

35 B.R. 341 (1983)

In re E.C. ERNST, INC., E.C. Ernst Midwest, Inc., E.C. Ernst International Corp., Debtors. ALRICH ELECTRICAL CONTRACTING CO., INC., Movant, v. E.C. ERNST, INC., Respondent-Debtor.

United States Bankruptcy Court, S.D. New York.

December 28, 1983.

Attorney(s) appearing for the Case

Wilson & Trotter, Augusta, Ga., for Alrich Elec. Contracting Co., Inc.

Shea & Gould, New York City, for debtors.

DECISION ON MOTION TO MODIFY AUTOMATIC STAY

EDWARD J. RYAN, Bankruptcy Judge.

FACTS

On December 1, 1978, E.C. Ernst, Inc. (Ernst) filed a petition for an arrangement under Chapter XI of the Bankruptcy Act of 1898. It thereafter continued in the operation and management of its business as debtor in possession.

At the time it filed its petition for an arrangement, Ernst was party to a joint venture agreement with Alrich Electrical Contracting...

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