IN RE METRO TRANSP. CO.

Bankruptcy No. 86-03618S.

117 B.R. 143 (1990)

In re METRO TRANSPORTATION COMPANY t/a Yellow Cab Company, Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

August 8, 1990.


Attorney(s) appearing for the Case

Joseph R. Baranko, Jr., Mylotte, David & Fitzpatrick, Hazleton, Pa., for Fund.

Pauline Morgan, Clark Ladner Fortenbaugh & Young, Philadelphia, Pa., for Committee.

Kevin W. Walsh, Adelman, Lavine, Gold & Levin, Philadelphia, Pa., for debtor.


OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

Before the court is a Motion of the Pennsylvania State Workmen's Insurance Fund ("the Fund"), a creditor in this Chapter 11 bankruptcy case, seeking a determination that its claim of $91,460.00 ("the Claim") has priority status under 11 U.S.C. § 507(a)(7)(E). We reject the Fund's request on two alternative grounds: (1) The Fund is not entitled to change the classification of its claim...

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