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EVCCO LEASING CORP. v. ACE TRUCKING CO.

No. 86-5734.

828 F.2d 188 (1987)

In re EVCCO LEASING CORP. v. ACE TRUCKING CO., Pension Plan Trust; Charles J. Orlando and Martha E. Orlando, his wife; Donald Baker Mason Contractors, Inc.; Modular Instructures, Inc.; DaNave-Raleigh, Inc.; General Accident Group Freuho Corp.; General Accident Insurance Co. of America; Tarricone & Tarricone Insurance Services; Edward Fleming d/b/a Fleming & Fleming; George Plumbing & Heating; Hunderton Heating & Air Cond., Inc.; Alpha & Omega Assoc., Inc., t/a Lentine Aggregates; North Pole Insulation; Frank Landon; Hunterdon Concrete; Samuel Stathoff; Lafayette Welding; E.F. Hutton Paper Corp.; International Paper Credit Co.; and Midlantic Bank. Appeal of MODULAR INSTRUCTURES, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided September 3, 1987.

Rehearing and Rehearing Denied September 29, 1987.

Attorney(s) appearing for the Case

Arthur S. Mott, Jr. (argued), Hampton, N.J., for appellant.

William S. Wolfson (argued), Wolfson & Knee, Flemington, N.J., for Evcco Leasing Corp.

Before HIGGINBOTHAM, MANSMANN and ROSENN, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 29, 1987.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This is an appeal from a district court's affirmance of a bankruptcy court's judgment voiding a creditor's execution lien upon realty. We must resolve two closely related questions: first, the proper construction of a New Jersey statute requiring levy and execution upon a debtor's personalty, even of little value, before realty; and second, whether...

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