IN RE WYOMING SAND AND STONE CO.

No. 5-03-bk-50054.

393 B.R. 359 (2008)

In re WYOMING SAND AND STONE CO., Debtor. VFS Leasing Co. successor in interest to Volvo Commercial Finance LLC The Americas, f/k/a Volvo Truck Finance North America, Inc., Movant, v. Wyoming Sand and Stone Co., Respondent.

United States Bankruptcy Court, M.D. Pennsylvania.

January 28, 2008.


Attorney(s) appearing for the Case

Gary D. Ammon, Drinker Biddle and Reath, LLP, Philadelphia, PA, John H. Doran, Doran Nowalis and Doran, Wilkes-Barre, PA, for Debtor.


OPINION

JOHN J. THOMAS, Bankruptcy Judge.

VFS Leasing Co., Movant, has filed this request for allowance of administrative expense with regard to a four month period during which Wyoming Sand and Stone, Debtor-in-Possession, possessed, but did not actually operate a certain leased VFS Euclid haul truck.

The facts are not in dispute. Debtor filed Chapter Eleven bankruptcy on January 8, 2003. At that time, the parties to this action had a pre...

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