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IN RE ORIENT RIVER INVESTMENTS, INC.

Bankruptcy No. 89-12206S, Adv. No. 89-0697S.

105 B.R. 790 (1989)

In re ORIENT RIVER INVESTMENTS, INC., Debtor. ORIENT RIVER INVESTMENTS d/b/a New York City Shoes, Plaintiff, v. EQUIBANK d/b/a Liberty Bank, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

October 16, 1989.

Attorney(s) appearing for the Case

Steven B. Mirow, Philadelphia, Pa., for debtor.

Walter Weir, Jr., Susan M. Verbonitz, Klehr Harrison, Philadelphia, Pa., for defendant.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The instant proceeding presents the issue of a bank's right to setoff against a depositor-debtor, an issue which we considered in a case which, coincidentally, was a predecessor to this case, In re New York City Shoes, Inc., 78 B.R. 426 (Bankr.E.D.Pa. 1987) (hereinafter cited as "NYC Shoes"). For several reasons, we conclude that the Bank's claim...

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