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IN RE EARL'S TIRE SERVICE, INC.

Civ. A. No. 80-154.

6 B.R. 1019 (1980)

In re EARL'S TIRE SERVICE, INC., a/k/a Earle's Tire Service, Inc., Debtor. DUNLOP TIRE AND RUBBER CORPORATION, a corporation of the State of Delaware, Plaintiff, v. EARL'S TIRE SERVICE, INC., a/k/a Earle's Tire Service, Inc., a corporation of the State of Delaware, and Pirelli Sales Atlantic, Inc., Defendants, and John I. Ellis, Trustee, Counterclaimant.

United States District Court, D. Delaware.

November 10, 1980.

Attorney(s) appearing for the Case

Francis J. Murphy, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for plaintiff-appellant.

James B. Tyler, III, Young, Conaway, Stargatt & Taylor, Wilmington, Del., for the Trustee.

OPINION

MURRAY M. SCHWARTZ, District Judge.

This is an appeal from an order of the Bankruptcy Court granting the motion of the trustee to dismiss three counts of an adversary complaint filed by Dunlop Tire and Rubber Corporation. For the reasons stated below the judgment of the Bankruptcy Court will be affirmed.

Facts

On October 24, 1979, Pirelli Sales Atlantic, Inc. ("Pirelli"), filed an involuntary bankruptcy petition against Earl...

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