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IN RE LUDWIG HONOLD MFG. CO., INC.

Bankruptcy No. 81-03510G, Adv. No. 83-0668G.

46 B.R. 125 (1985)

In re LUDWIG HONOLD MANUFACTURING COMPANY, INC., Debtor. Fred ZIMMERMAN, Trustee of Ludwig Honold Manufacturing Company, Inc., Plaintiff, v. CENTRAL PENN NATIONAL BANK, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

February 1, 1985.

Attorney(s) appearing for the Case

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

Robert A. Kargen, Paul A. Patterson, White & Williams, Philadelphia, Pa., for Cent. Penn Nat. Bank.

Nancy V. Alquist, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for Creditors' Committee.

Fred Zimmerman, Pennsauken, N.J., Trustee.

OPINION

EMIL F. GOLDHABER, Chief Judge.

The issue before us in the case at bench is whether we should grant a creditor's motion to dismiss a complaint in which the trustee seeks subordination and the avoidance of a preference. For the reasons expressed below, we will grant the motion and dismiss the complaint.

The facts of this case are as follows:1 An involuntary petition for relief under

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