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IN RE JOSEPH B. DAHLKEMPER CO., INC.

Bankruptcy No. 93-10014-BM. Adv. No. 93-1263-BM.

165 B.R. 149 (1994)

In re JOSEPH B. DAHLKEMPER CO., INC., Debtor. ESI ENTERPRISES, INC., Plaintiff, v. JOSEPH B. DAHLKEMPER CO., INC., Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

March 21, 1994.

Attorney(s) appearing for the Case

Arthur D. Martinucci, Lawrence C. Bolla, Quinn, Buseck, Leemhuis, Toohey & Kroto, Inc., for defendant/Joseph B. Dahlkemper Co., Inc.

T. Lawrence Palmer, Houston Harbaugh, P.C., Pittsburgh, PA, for plaintiff/ESI Enterprises, Inc.

Norman E. Gilkey, Stonecipher, Cunningham, Beard & Schmitt, Pittsburgh, PA, for Committee of Unsecured Creditors.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Two matters are before the court at this time. ESI Enterprises, Inc. ("ESI") has brought a complaint at Adversary No. 93-1263-BM to recover the sum of $188,788.53 which ESI asserts are the proceeds of merchandise owned by it that was sold at going-out-of-business sales ("sales") it conducted on debtor's behalf shortly before debtor filed for bankruptcy.

Debtor denies ESI's exclusive ownership...

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