IN RE SALTENBERGER

Bankruptcy No. 83-02548G, Adv. No. 86-0116G.

61 B.R. 1005 (1986)

In re William C. SALTENBERGER, Jr. and Georgianna L. Saltenberger, his wife, Debtor. Mary W. SNELLBAKER, Plaintiff, v. Leo F. DOYLE, Trustee and William C. Saltenberger, Jr. and Georgianna L. Saltenberger and Continental Bank, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

July 8, 1986.


Attorney(s) appearing for the Case

James A. Hartz, Abington, Pa., for the plaintiff, Mary W. Snellbaker.

Michael Kaliner, Ciardi, Fishbone & DiDonato, Philadephia, Pa., for defendant/trustee, Leo F. Doyle.

Saul L. Langsam, Silvers & Langsam Associates, P.C., Philadelphia, Pa., for the debtors/defendants, William C. Saltenberger and Georgianna L. Saltenberger.

Martin J. Kilstein, Robert E. Cherwony, Kraft & Kraft, P.C., Philadelphia, Pa., for the defendant, Continental Bank.

Leo F. Doyle, Philadelphia, Pa., Trustee.


OPINION

EMIL F. GOLDHABER, Chief Judge:

The issue for resolution is whether we should award counsel fees to a prevailing plaintiff on the basis that the primary defendant unreasonably protracted the litigation at hand. On the grounds set forth below, we will award the plaintiff's counsel, fees and costs in the amount of $1,283.80.

The facts of this case are as follows:1 Several years ago Mary N. Snellbaker ("Snellbaker...

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