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IN RE ZERODEC MEGA CORP.

Bankruptcy No. 82-05578G, Adv. No. 84-1240G.

54 B.R. 814 (1985)

In re ZERODEC MEGA CORPORATION, Debtor. ZERODEC MEGACORP, INC., Plaintiff, v. CHIAPPISI BROTHERS INTERIOR COMPONENTS, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

November 14, 1985.

Attorney(s) appearing for the Case

Marvin Krasny, Mark J. Packel, Mark A. Kompa, Adelman Lavine Krasny Gold & Levin, Philadelphia, Pa., for debtor/plaintiff, Zerodec Megacorp, Inc.

Paul N. Minkoff, Klovsky, Kuby & Harris, Philadelphia, Pa., Mark M. Roberts, Roberts, Newman & Katz, P.A., Chestnut Hill, Mass., co-counsel for defendant, Chiappisi Bros. Interior Components.

OPINION

EMIL F. GOLDHABER, Chief Judge:

The primary issue, arising under a buyer's counterclaim against the debtor, is whether the debtor failed to deliver goods within a reasonable time, thus giving the purchaser of the goods a cause of action for damages. We find that delivery was timely, thus precluding recovery on this cause of action.

We find the facts of this case as follows:1 The debtor filed a petition for reorganization...

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