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IN RE PELHAM FENCE CO., INC.

Bankruptcy No. 85 B 20295.

117 B.R. 71 (1990)

In re PELHAM FENCE COMPANY, INC., Debtor.

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

August 13, 1990.

Attorney(s) appearing for the Case

Barr & Rosenbaum, Spring Valley, N.Y., for Highway Safety Design and Fabrication Corp.

Dow, Lohnes & Albertson, New York City, for the Liquidator of American Druggists Ins. Co.

Ross & Cohen, New York City, for Welsbach Elec. Corp.

Erwin Goldman, trustee, New York City, for debtor.

DECISION ON MOTION TO COMPEL TURN OVER OF FUNDS

HOWARD SCHWARTZBERG, Bankruptcy Judge.

This proceeding which seeks a turn over, pursuant to 11 U.S.C. § 725, of certain trust funds currently held by the trustee was brought by Highway Safety Design and Fabrication Corporation ("Highway"), a creditor with a valid, perfected, public improvement mechanic's lien as to the funds. These trust funds arose from a public improvement contract entered into between...

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