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IN RE PRICE CHOPPER SUPERMARKETS, INC.

Bankruptcy No. 81-01837-M7, Adv. No. 82-1624-M7.

40 B.R. 816 (1984)

In re PRICE CHOPPER SUPERMARKETS, INC., Debtor. Ralph O. BOLDT, Trustee for Price Chopper Supermarkets, Inc., Plaintiff, v. ALPHA BETA COMPANY and Bank of America National Trust and Savings Association, Defendants. And Related Cross-Actions.

United States Bankruptcy Court, S.D. California.

June 13, 1984.

Attorney(s) appearing for the Case

Frederick Martin, Jr., Christison, Martin & Oggel, San Diego, Cal., for Trustee, Ralph O. Boldt.

Paul M. Weil, L. Scott McClanahan, Weil & Fritz, Whittier, Cal., for defendant Alpha Beta Company.

George W. Coombe, Jr., General Counsel, Bank of America, Los Angeles, Cal., for defendant Bank of America.

OPINION ON: MOTION FOR SUMMARY JUDGMENT

LOUISE DeCARL MALUGEN; Bankruptcy Judge.

Price Chopper Supermarkets, Inc. ("Price Chopper" or "Debtor"), a discount retail grocer, purchased certain grocery inventory from Alpha Beta Company ("Alpha Beta"), executing a $125,000 promissory note in favor of Alpha Beta on February 19, 1981. To assure payment of this promissory note, Alpha Beta requested and received a $125,000 standby Letter of Credit from the Bank of...

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