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IN RE LUDWIG HONOLD MFG. CO.

Bankruptcy No. 81-04610G, Adv. No. 83-1742G.

34 B.R. 645 (1983)

In re LUDWIG HONOLD MANUFACTURING COMPANY, Debtor. The COMMITTEE OF CREDITORS OF LUDWIG HONOLD MANUFACTURING COMPANY, INC. and Fred Zimmerman, Trustee, Plaintiffs, v. CENTRAL PENN NATIONAL BANK, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

November 22, 1983.

Attorney(s) appearing for the Case

Nancy V. Alquist, Douglas J. Smillie, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for plaintiff, The Committee of Creditors of Ludwig Honold Mfg. Company, Inc.

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

Melvin Lashner, Daniel Bernstein, Melvin Lashner Associates, Philadelphia, Pa., for plaintiff, Fred Zimmerman, trustee.

James A. Matour, White & Williams, Philadelphia, Pa., for defendant, Central Penn Nat. Bank.

John J. Lamb, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., for debtor, Ludwig Honold Mfg. Company, Inc.

Warren T. Pratt, Drinker Biddle & Reath, Philadelphia, Pa., for Robert Morris Associates, amicus.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether we should grant the motion of Central Penn National Bank ("Central Penn") for reconsideration of our decision of October 13, 1983, which denied Central Penn's motion to dismiss the plaintiff's complaint for marshalling. For the reasons stated herein we will deny the motion.

In our previous decision we addressed the issue of whether, under the doctrine of marshalling of assets...

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