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IN RE STEBOW CONST. CO., INC.

Bankruptcy No. 83-05515, Adv. No. 85-0121.

73 B.R. 459 (1987)

In re STEBOW CONSTRUCTION CO., INC., Debtor. James J. CAIN, Trustee for Stebow Construction Co., Inc., Plaintiff, v. L.B. SMITH, INC., Defendant.

United States Bankruptcy Court, D. New Jersey.

May 6, 1987.

Attorney(s) appearing for the Case

Davis, Reberkenny & Abramowitz by Clarence P. Reberkenny, Cherry Hill, N.J., for James J. Cain, trustee.

Farr, Wolf & Lyons by William G. Wright, Bellmawr, N.J., for L.B. Smith, Inc.

OPINION

ROSEMARY GAMBARDELLA, Bankruptcy Judge.

The matter presently before the court is a complaint filed by James J. Cain, the Trustee of the debtor's estate, against L.B. Smith, Inc. to avoid an alleged security interest held by L.B. Smith, Inc. in certain equipment.

The facts leading up to this proceeding as established from the pleadings and from the Stipulation of Facts filed with this court on February 18, 1986 are as follows. On September...

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