IN RE ICS CYBERNETICS, INC.

Bankruptcy No. 88-00478.

111 B.R. 32 (1989)

In re ICS CYBERNETICS, INC., Debtor.

United States Bankruptcy Court, N.D. New York.

November 20, 1989.


Attorney(s) appearing for the Case

Grass, Balanoff, Costa & Whitelaw, P.C., Syracuse, N.Y., for debtor; Mary Lannon Fangio, of counsel.

Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N.Y., for Creditors Committee; Garry M. Graber, of counsel.

Melvin & Melvin, Syracuse, N.Y., for Computer Leasing, Inc.; Louis Levine, of counsel.

Kent, Ridge & Crawford, Jacksonville, Fla., for Florida Nat. Bank; George E. Ridge, of counsel.


MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

STEPHEN D. GERLING, Bankruptcy Judge.

The Court has consolidated for decision two motions involving separate creditors but each involving ICS Cybernetics, Inc. ("Debtor") which raise common issues of law, to wit: whether "actual use" by the Debtor of personal property subject to an unexpired lease is necessary to warrant allowance of an administrative expense priority pursuant to 11 U.S...

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