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IN RE METRO SHIPPERS, INC.

Bankruptcy No. 85-01934F, Adv. No. 88-1027F.

95 B.R. 366 (1989)

In re METRO SHIPPERS, INC., Debtor. Ernest R. VARALLI, Trustee, Plaintiff, v. PTL INTERMODAL, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

February 6, 1989.

Attorney(s) appearing for the Case

Robert Szwajkos, Rubin Quinn Moss & Heaney, Philadelphia, Pa., for the defendant/movant, PTL Intermodal.

Michael J. Halprin, Lawrence J. Tabas, Spector Cohen Gadon & Rosen, Philadelphia, Pa., for plaintiff, Ernest R. Varalli, Trustee.

MEMORANDUM OPINION

BRUCE I. FOX, Bankruptcy Judge:

Defendant, PTL Intermodal, has moved to dismiss this adversary proceeding to recover a preference based upon defendant's belief that it was commenced beyond the limitations period set out in 11 U.S.C. § 546(a). 11 U.S.C. § 546(a) states:

(a) An action or proceeding under section 544, 545, 547, 548, or 553 of this title may not be commenced after the earlier of — (1) two...

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