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IN RE DIVCO PHILADELPHIA SALES CORP.

Bankruptcy No. 82-00187G.

60 B.R. 323 (1986)

In re DIVCO PHILADELPHIA SALES CORPORATION, Trading as Penn Franklin Oil Company and as Harrisburg Truck Center, Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

Reconsideration Denied August 8, 1986.

Attorney(s) appearing for the Case

Donald M. Collins, David C. Corujo, Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for Trustee, Fred Zimmerman.

Virginia Powel, Asst. U.S. Atty., Philadelphia, Pa., for claimant, Pension Benefit Guar. Corp.

Valerie R. Dinkins, Pension Benefit Guar. Corp., Washington, D.C.

Fred Zimmerman, Pennsauken, N.J., Trustee.

Leon S. Forman, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for debtor, Divco Philadelphia Sales Corp., t/a Penn Franklin Oil Co. and as Harrisburg Truck Center.

OPINION

EMIL F. GOLDHABER, Chief Judge:

The parties have couched the issue in this case as whether the Pension Benefit Guaranty Corporation ("the Pension Fund"), which is a U.S. Government instrumentality, received actual notice of the bar date for filing claims in order to file a timely proof of claim on a non-tax debt. We resolve the dispute on the basis that no notice of the deadline for filing claims was sent to the United States Attorney as is required...

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