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IN RE F.E. FREDERICK ENTERPRISES, INC.

Bankruptcy No. 90-03053 JKF, Motion No. SSM-001.

146 B.R. 360 (1992)

In re F.E. FREDERICK ENTERPRISES, INC., Debtor. KYOYA CO., LTD., Applicant, v. NO RESPONDENT, Respondent.

United States Bankruptcy Court, W.D. Pennsylvania.

October 22, 1992.

Attorney(s) appearing for the Case

Stuart S. Mermelstein, Catherine L. Welsh, Kirkpatrick & Lockhart, Pittsburgh, Pa., for Kyoya Co., Ltd.

Charles F. Bennett, Apple and Apple, P.C., Pittsburgh, Pa., for debtor.

MEMORANDUM OPINION

JUDITH K. FITZGERALD, Bankruptcy Judge.

The matter before the court is the motion by Kyoya Co., Ltd., a general unsecured creditor, for the payment of legal fees and expenses pursuant to § 503(b)(3)(D) and (b)(4) arising out of Kyoya's alleged substantial contribution to this chapter 11 case. For the reasons expressed below, we find that Kyoya did not make a substantial contribution and the application is denied.

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