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IN RE PHOTO PROMOTION ASSOCIATES, INC.

No. 1014, Docket 89-5002.

881 F.2d 6 (1989)

In re PHOTO PROMOTION ASSOCIATES, INC., Debtor. Jeffrey L. SAPIR, Trustee in Bankruptcy of Photo Promotion Associates, Inc., Plaintiff-Appellee, v. C.P.Q. COLORCHROME CORP., A DIVISION OF COPPINGER COLOR LAB., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 1, 1989.

Attorney(s) appearing for the Case

Richard S. Toder, New York City (Andrew D. Gottfried, Neil E. Herman, Seth B. Shapiro, Zalkin, Rodin & Goodman, New York City, of counsel), for Defendant-Appellant.

Leonard Schwartz, New York City (Siegel, Sommers & Schwartz, New York City, of counsel), for Plaintiff-Appellee.

Before NEWMAN, CARDAMONE and WINTER, Circuit Judges.

CARDAMONE, Circuit Judge:

On this appeal from a December 5, 1988 order of the United States District Court for the Southern District of New York (Goettel, J.), affirming decisions of the Bankruptcy Court (Schwartzberg, J.) dated July 15 and August 25, 1988, we consider what effect a creditor's entering into a contract with a debtor in possession for their mutual advantage and in disregard of the United States Bankruptcy Code (Code) has on the creditor's status in...

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