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IN RE TAYNTON FREIGHT SYSTEM, INC.

Bankruptcy No. 5-85-00167.

55 B.R. 668 (1985)

In re TAYNTON FREIGHT SYSTEM, INC., a Pennsylvania Corporation a/k/a McDermott Division, Debtor.

United States Bankruptcy Court, M.D. Pennsylvania.

December 18, 1985.

Attorney(s) appearing for the Case

William L. Higgs, Rosenn, Jenkins & Greenwald, Wilkes-Barre, Pa., for Taynton Freight.

Chrisopher G. Kuhn, Pincus, Verlin, Hahn & Reich, Philadelphia, Pa., for Truck Terminal.

MEMORANDUM AND ORDER

THOMAS C. GIBBONS, Bankruptcy Judge:

The basic facts of this controversy are not seriously disputed. By lease dated August 1, 1969 and subsequently modified, Truck Terminal Real Estate Facilities, Inc. (TTREF) leased its facilities to H.W. Taynton Co., Inc. (Tayton) for a truck terminal in South Plainfield, New Jersey.

Thereafter on March 29, 1985, Taynton Freight Systems (successor-in-interest to H.W. Taynton Co., Inc.), filed...

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