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IN RE METROPOLITAN METALS, INC.

Bankruptcy No. 79-318, Adversary No. 5-95-0331A.

210 B.R. 258 (1997)

In re METROPOLITAN METALS, INC., Debtor. Joseph F. and Caroline ENOS, Plaintiffs, v. Charles J. DeHART, III Trustee in Bankruptcy for Metropolitan Metals, Inc., Defendant, and United States of America, Defendant.

United States Bankruptcy Court, M.D. Pennsylvania, Wilkes-Barre Division.

April 15, 1997.

Attorney(s) appearing for the Case

Hans A. Stoeckler, No. Dighton, MA, for Enos.

Stephen Moore, Edward Rothman, Harrisburg, PA, for Charles DeHart.

Charles DeHart, III, Hummelstown, PA, Chapter 7 Trustee.

Angelo Frattarelli, U.S. Dept. of Justice, Washington, DC, for United States.

OPINION AND ORDER

JOHN J. THOMAS, Bankruptcy Judge.

Pending before the Court are Motions to Dismiss filed by the United States of America and by Charles J. DeHart, III, Esquire, Trustee in Bankruptcy, both Defendants in this adversary Complaint.

The bankruptcy case commenced under the Bankruptcy Act of 1898, shortly before the effective date of the Bankruptcy Code of 1978. In one form or another,...

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