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IN RE ROCHEZ BROS., INC.

Bankruptcy No. 01-32890-MBM, Adversary No. 04-2904-MBM.

326 B.R. 579 (2005)

In re ROCHEZ BROS., INC., Debtor. Rochez Bros., Inc., Plaintiff, v. Sears Ecological Applications Company, Inc., Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

June 16, 2005.

Attorney(s) appearing for the Case

Charles E. Bobinis, Bernstein Law Firm, Pittsburgh, PA, for Rochez Bros., Inc.

Joel M. Helmrich, Gary A. Kerns, Meyer, Unkovic & Scott LLP, Pittsburgh, PA, for Sears Ecological Applications Company, Inc.

MEMORANDUM OPINION

M. BRUCE MCCULLOUGH, Chief Judge.

Rochez Bros., Inc., the instant debtor-in-possession (hereafter "the Debtor"), brings the instant action against Sears Ecological Applications Company, Inc. (hereafter "Sears") to recover from Sears, pursuant to 11 U.S.C. §§ 549(a) and 550(a)(1), the value of 1,600 tons of road salt that was transferred by the Debtor post-petition to Sears. The parties have entered into a Stipulation of...

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