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MATTER OF PARKER

No. BK-76-746.

473 F.Supp. 746 (1979)

In the Matter of William T. PARKER, Bankrupt. Kenneth B. MASON, Jr., as Trustee in Bankruptcy for William T. Parker, Plaintiff, v. EASTMAN KODAK COMPANY and Morgan Guaranty Trust Company, Defendants.

United States District Court, W. D. New York.

July 23, 1979.

Attorney(s) appearing for the Case

Kenneth B. Mason, Jr., Rochester, N. Y., for plaintiff-appellant.

Nixon, Hargrave, Devans & Doyle, Rochester, N. Y. (William S. Thomas, Jr., Rochester, N. Y., of counsel), for defendants-respondents.

CURTIN, Chief Judge.

This case raises the issue of whether the bankrupt's credits under a qualified Employee Retirement Income Security Act of 1974 [ERISA] pension plan constitute property which passes to the trustee under § 70(a)(5) of the Bankruptcy Act. It is on appeal from a decision of Bankruptcy Judge Beryl E. McGuire of the Western District of New York dated October 31, 1978, finding that the pension credits were not property. For the reasons stated below...

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