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IN RE F.A. POTTS AND CO., INC.

Bankruptcy No. 81-03639 T, Adv. No. 82-1467.

70 B.R. 894 (1987)

In re F.A. POTTS AND CO., INC., Debtor. McCORMACK TERMINAL COMPANY, INC., Plaintiff, v. F.A. POTTS AND CO., INC., et al., Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

March 10, 1987.

Attorney(s) appearing for the Case

Michael M. Baylson, Duane, Morris and Heckscher, Philadelphia, Pa., for McCormack Terminal Co., Inc.

David L. Braverman, Klehr, Harrison, Harvey, Branzburg, Ellers & Weir, Philadelphia, Pa., for F.A. Potts and Co., Inc.

Gary Schildhorn, Adelman, Lavine, Krasny, Gold & Levin, Philadelphia, Pa., for Creditors' Committee.

OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

In this adversary proceeding, the plaintiff, McCormack Terminal Company, Inc. ("McCormack") seeks to establish a proof of claim against F.A. Potts and Co., Inc. ("Potts"), the Chapter 11 debtor/defendant, in an amount in excess of $15,000,000.00 based upon an alleged pre-petition breach of contract by Potts. Potts denies any liability to McCormack and filed a counterclaim...

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