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IN RE RITTENHOUSE CARPET, INC.

Bankruptcy No. 84-04351G.

56 B.R. 131 (1985)

In re RITTENHOUSE CARPET, INC., Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

December 23, 1985.

Attorney(s) appearing for the Case

Jay G. Ochroch, James J. Gillespie, Jr., Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for the debtor, Rittenhouse Carpet, Inc.

Richard R. Block, Philadelphia, Pa., for Eurotex.

Wilbur Greenberg, Philadelphia, Pa., for Phyllis Mason Rosenberg, limited partner.

Robert B. Durham, Jr., High, Swartz, Roberts & Seidel, Norristown, Pa., for Dorothy Shepard, limited partner.

Mary F. Walrath, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for the Creditors' Committee.

OPINION

EMIL F. GOLDHABER, Chief Judge:

The predominant issue in the case before us is whether 11 U.S.C. § 365(e) of the Bankruptcy Code ("the Code") prohibits the operation of state laws providing that the mere filing of a petition under the Code causes the immediate removal of a debtor/partner from a partnership. On the basis of § 365(e) and the Supremacy Clause of the U.S. Constitution, we conclude that...

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