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IN RE WICACO MACH. CO., INC.

Bankruptcy No. 82-04534G, Adv. No. 83-0618G.

37 B.R. 463 (1984)

In re WICACO MACHINE CO., INC., Debtor. QUAKER CITY IRON WORKS, INC., Plaintiff, v. Jonathan H. GANZ, Esquire, Trustee, and the Wicaco Machine Corporation, Debtor, and the Creditors' Committee, By Its Counsel, Joseph A. Dworetzky and James S. Gkonos, Esquires, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

As Amended April 23, 1984.

Attorney(s) appearing for the Case

Lloyd J. Schumacker, Schumacker & Lunkenheimer, Philadelphia, Pa., for plaintiff, Quaker City Iron Works, Inc.

Jonathan H. Ganz, Pincus, Verlin, Hahn, Reich & Goldstein, Philadelphia, Pa., trustee.

Joseph A. Dworetzky, James S. Gkonos, Drinker, Biddle & Reath, Philadelphia, Pa., for Creditors' Committee of Wicaco Machine Corporation and Special Counsel to Jonathan H. Ganz, Esquire, Trustee.

William J. McDevitt, Hepburn, Willcox, Hamilton & Putnam, Philadelphia, Pa., for debtor/defendant, Wicaco Machine Co., Inc.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue in the case at bench is whether goods consigned by Quaker City Iron Works, Inc. ("Quaker"), to the debtor are subject to the claims of the debtor's unsecured creditors, thus necessitating a denial of Quaker's complaint for reclamation of those goods from the debtor. For the reasons expressed herein we find that the goods are subject to such claims and consequently we will deny relief on the complaint...

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