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B.D.W. ASSOC. v. BUSY BEAVER BLDG. CTRS.

No. 88-3528.

865 F.2d 65 (1989)

B.D.W. ASSOCIATES, INC., Debtor, v. BUSY BEAVER BUILDING CENTERS, INC., Fagen's, Inc. and Jackel Development Co., Appellants.

United States Court of Appeals, Third Circuit.

Decided January 11, 1989.

Attorney(s) appearing for the Case

Stephen J. Laidhold, Alan B. Gordon (argued), Lampl, Sable, Markoroff & Libenson, Pittsburgh, Pa., for appellants.

Philip E. Beard (argued), William T. Molczan, Stonecipher, Cunningham, Beard & Schmitt, Pittsburgh, Pa., for debtor.

Before SLOVITER, BECKER, Circuit Judges, and FULLAM, Chief District Judge.

FULLAM, Chief Judge.

Appellants petitioned the Bankruptcy Court to have appellee B.D.W. Associates, Inc. declared bankrupt. B.D.W. contested the petition but, after a hearing, the bankruptcy judge granted relief. The debtor appealed, and the district court reversed, ordering dismissal of the petition on the ground that the petitioning creditors lacked standing to obtain the relief they sought, because their claims establish the existence of a bona fide dispute. The...

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