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IN RE McGOVERN AUTO SPECIALTY, INC.

Bankruptcy No. 84-01471G, Adv. No. 84-1594G.

51 B.R. 511 (1985)

In re McGOVERN AUTO SPECIALTY, INC., Debtor. KAY AUTOMOTIVE WAREHOUSE, INC., Plaintiff, v. McGOVERN AUTO SPECIALTY, INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

August 5, 1985.

Attorney(s) appearing for the Case

Albert C. Braslow, Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa., for plaintiff, Kay Automotive Warehouse, Inc.

Robert C. Perry, Philadelphia, Pa., for debtor/defendant, McGovern Auto Specialty, Inc.

Leonard P. Goldberger, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for debtor/defendant, McGovern Auto Specialty, Inc.

OPINION

EMIL F. GOLDHABER, Chief Judge:

The essence of the instant dispute, arising under a creditor's complaint for a determination of the validity and priority of a security interest, is whether a financing statement erroneously denominating the debtor as "McGovern Auto & Truck Parts, Inc." rather than "McGovern Auto Specialty, Inc." is seriously misleading under 13 Pa.Cons.Stat. § 9402 of the Uniform Commercial Code ("UCC") of Pennsylvania so...

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