IN RE CROUTHAMEL POTATO CHIP CO.

Bankruptcy No. 79-01939G.

43 B.R. 934 (1984)

In re CROUTHAMEL POTATO CHIP COMPANY, Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

October 31, 1984.


Attorney(s) appearing for the Case

William J. Einhorn, Kent Cprek, Sagot & Jennings, Philadelphia, Pa., for claimant, Intern. Ass'n of Machinists and Aerospace Workers Local 1092 and Affected Employees.

Michael H. Reed, Barbara H. Sagar, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for trustee of Crouthamel Potato Chip Co., Eugene C. DiCerbo.

Eugene C. DiCerbo, West Chester, Pa., Trustee.

Marvin Krasny, Adelman, Lavine, Krasny, Gold & Levin, Philadelphia, Pa., for debtor, Crouthamel Potato Chip Co.


OPINION

EMIL F. GOLDHABER, Chief Judge:

The predominant issue in this case is whether employees' holiday pay allowable under a collective bargaining agreement (which has not been assumed by a chapter 7 debtor) is entitled to priority status under 11 U.S.C. § 507(a)(1) or (a)(3) of the Bankruptcy Code ("the Code") when the holiday falls within the postpetition period during which period the debtor's employees had not worked. For the reasons expressed...

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