IN RE OXFORD ROYAL MUSHROOM PRODUCTS, INC.

Bankruptcy No. 81-02434G, Adv. No. 84-0593G.

40 B.R. 930 (1984)

In re OXFORD ROYAL MUSHROOM PRODUCTS, INC., Debtor. Robert H. LEVIN, Trustee for Oxford Royal Mushroom Products, Inc., Plaintiff, v. POTTS WELDING AND BOILER REPAIR CO., INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

July 30, 1984.


Attorney(s) appearing for the Case

Nathan Lavine, Barry D. Kleban, Adelman Lavine Krasny Gold & Levin, Philadelphia, Pa., for plaintiff, Robert H. Levin, Trustee for Oxford Royal Mushroom Products, Inc.

Steven T. Stern, Braemer & Kessler, Philadelphia, Pa., for defendant, Potts Welding and Boiler Repair Co., Inc.

Robert H. Levin, Adelman Lavine Krasny Gold & Levin, Philadelphia, Pa., Trustee.

William T. Windsor, Jr., Philadelphia, Pa., for debtor, Oxford Royal Mushroom Products, Inc.

Lawrence J. Lichtenstein, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Allen Dubroff, Philadelphia, Pa., for Creditors' Committee.


OPINION

EMIL F. GOLDHABER, Chief Judge:

The complaint before us seeks the avoidance of a lien. The problem is whether certain work performed by a creditor on the debtor's steam boilers was "erection and construction" rather than "alteration and repair" within the meaning of Pennsylvania's Mechanics' Lien Law so as to give the creditor a lien in this reorganization proceeding. For the reasons expressed herein we find...

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