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IN RE ERIE POWER TECHNOLOGIES, INC.

No. 03-12126.

315 B.R. 41 (2004)

In re ERIE POWER TECHNOLOGIES, INC., Debtor. Erie Power Technologies, Inc., Movant, v. Ref-Chem, L.P., Respondent.

United States Bankruptcy Court, W.D. Pennsylvania.

September 22, 2004.

Attorney(s) appearing for the Case

Keith E. Whitson, Pittsburgh, PA, for Debtor.

W. Patrick Delaney, Erie, PA, Special Counsel for Debtor.

Tye C. Hancock, Houston, TX, for Ref-Chem, L.P.

Kurt L. Sundberg, Erie, PA, Local Counsel for Ref-Chem, L.P.

Lawrence C. Bolla, Erie, PA, for Official Committee of Unsecured Creditors.

OPINION

WARREN W. BENTZ, Bankruptcy Judge.

Introduction

On August 27, 2003, Erie Power Technologies, Inc. ("Debtor") filed a voluntary Petition under Chapter 11 of the Bankruptcy Code. Ref-Chem, L.P. ("Ref-Chem") is a construction company with which the Debtor had contracted prior to Debtor's bankruptcy filing. Ref-Chem has filed a Proof of Claim in this case and Debtor has filed an Objection to the Proof of Claim. In response to...

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