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IN RE PAUL SCOTTON CONTRACTING CO.

BK No. 68-60.

325 F.Supp. 324 (1971)

In the Matter of PAUL SCOTTON CONTRACTING CO., Inc., Bankrupt.

United States District Court, D. Delaware.

April 12, 1971.

Attorney(s) appearing for the Case

Franklin S. Eyster, II, Richards, Layton & Finger, Wilmington, Del., Maurice A. Hartnett, III, Dover, Del., for petitioner, Farmers Bank of Del.

John G. Mulford, Theisen, Lank & Kelleher, Wilmington, Del., for bankrupt.

John Biggs, III, Biggs & Battalgia, Wilmington, Del., for trustee.

OPINION

STAPLETON, District Judge.

This matter is before me on a petition for review of an order of the Referee in Bankruptcy. The following are the primary facts found by the Referee which seems to me to be relevant to the disposition of this matter. They, as well as the other primary facts found by the Referee, are amply supported by the record.

On August 18, 1966, Paul Scotton Contracting Co. Inc., ("Scotton") gave a chattel mortgage to the Farmers...

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