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IN RE MALONE

Bankruptcy No. 82-04582G, Adv. No. 86-0865G.

74 B.R. 315 (1987)

In re Fergus A. MALONE, Jr., James P. Malone, Sr., William E. Malone, Co-Partners Trading as Malone Realty Company, Debtors. TEAMSTERS PENSION TRUST FUND OF PHILADELPHIA AND VICINITY and Charles J. Schaffer, Jr., Trustee Ad Litem, Plaintiffs, v. MALONE REALTY COMPANY, Fergus A. Malone, Jr., James P. Malone, Sr. and William E. Malone, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

As Amended May 28, 1987.

Attorney(s) appearing for the Case

Sanford G. Rosenthal, Sagot & Jennings, Philadelphia, Pa., for plaintiffs, Teamsters Pension Trust Fund of Philadelphia and Vicinity and Charles J. Schaffer, Jr., Trustee Ad Litem.

Jack M. Bernard, Philadelphia, Pa., for debtors/defendants, Malone Realty Co., Fergus A. Malone, Jr., James P. Malone, Sr. and William E. Malone.

OPINION

BRUCE I. FOX, Bankruptcy Judge:

Presently before me are two matters for resolution. First, there is a civil action brought by the Teamsters Pension Trust Fund of Philadelphia and Vicinity ("the Fund") and its trustee ad litem against: (1) Malone Realty Company ("Malone Realty"), a partnership which is the chapter 11 debtor herein and (2) the three individuals who formed the debtor partnership. The Fund seeks a money judgment against the defendants...

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