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IN RE RECYCLING RESEARCH, INC.

Bankruptcy No. 83-02429G.

49 B.R. 327 (1985)

In re RECYCLING RESEARCH, INCORPORATED, Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

May 29, 1985.

Attorney(s) appearing for the Case

Joseph C. Honer, Jr., Aston, Pa., for debtor, Recycling Research, Inc.

Kenneth F. Carobus, Philadelphia, Pa., for Media Real Estate Co.

John Hamilton, Media, Pa., for FDI Capital Placement Corp.

Edward J. DiDonato, Ciardi, Fishbone & DiDonato, Philadelphia, Pa., for Leo F. Doyle, trustee.

OPINION1

EMIL F. GOLDHABER, Chief Judge:

The problem raised in the case at bench is whether a landlord has a valid distraint for rent against a debtor's goods which would give a landlord priority over the holder of a nonpurchase-money security interest in the same goods. For the reasons outlined infra, we conclude that a landlord has the superior claim.

We summarize the facts of this case as follows:

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