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IN RE PENN FRUIT CO., INC.

Bankruptcy No. 75-1684EG.

1 B.R. 714 (1979)

In re PENN FRUIT COMPANY, INC., Bankrupt. PRODUCE, POULTRY, FISH AND OYSTERMEN, DRIVERS AND HELPERS, LOCAL 929, Plaintiff, v. PENN FRUIT COMPANY, INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

December 21, 1979.

Attorney(s) appearing for the Case

Schnader, Harrison, Segal & Lewis, David S. Hope, Philadelphia, Pa., for debtor.

Mark P. Muller, Freedman & Lorry, Philadelphia, Pa., for Produce, Poultry, Fish and Oystermen, Drivers and Helpers, Local 929.

Adelman & Lavine, Alexander B. Adelman, and Sklar, Pearl, Lichtenstein & Sklar, Lawrence J. Lichtenstein, Philadelphia, Pa., co-counsel for Creditors' Committee.

Pepper, Hamilton & Scheetz, I. Grant Irey, Jr., Philadelphia, Pa., for Fidelity Bank.

Robert R. Leinwand, Leinwand, Maron, Hendler & Krause, New York City, for debtor.

MEMORANDUM OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is what effect is to be given to the grievance and arbitration provisions of a collective bargaining agreement that was assumed by the debtor in possession. We conclude that the debtor in possession is bound by those provisions.

On January 1, 1974, Penn Fruit Co., Inc. ("Penn Fruit") and the Produce, Poultry, Fish and Oystermen, Drivers and Helpers Local No. 929 ("Local 929...

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