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IN RE CROUTHAMEL POTATO CHIP CO.

No. 85-1528. Bankruptcy No. 79-01939G.

786 F.2d 141 (1986)

In re CROUTHAMEL POTATO CHIP COMPANY, (Debtor). Appeal of LOCAL 1092, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 14, 1986.

Rehearing and Rehearing Denied May 2, 1986.

Attorney(s) appearing for the Case

Thomas W. Jennings, William J. Einhorn and Kent Cprek (argued), Sagot & Jennings, Philadelphia, Pa., for appellant.

Marvin Krasny, Adelman, Lavine, Krasny, Gold & Levin, Philadelphia, Pa., for appellee/debtor Crouthamel Potato Chip Co.

Michael H. Reed (argued) and Barbara H. Sagar, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellee trustee, Eugene C. Dicerbo.

Before ALDISERT, Chief Judge, and SEITZ and ADAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 2, 1986.

OPINION OF THE COURT

ALDISERT, Chief Judge.

The major question for decision is one of first impression in the United States Courts of Appeals. We must decide whether a claim deemed filed in a Chapter 11 (reorganization) proceeding remains effective when the debtor converts the Chapter 11 case into one under Chapter 7 (liquidation). The issue requires that we construe relevant statutes and the rules...

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