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MATTER OF FOOD FAIR, INC.

Bankruptcy No. 78 B 1765.

14 B.R. 40 (1981)

In the Matter of FOOD FAIR, INC., Debtor.

United States Bankruptcy Court, S.D. New York.

March 19, 1981.

Attorney(s) appearing for the Case

Stein, Simpson, Rosen & Ohrenstein, New York City, Sp. Counsel to debtor.

Tomar, Parks, Seliger, Simonoff & Adourian, Haddonfield, N.J., for RCPF.

Cunniff, Bray & McAleese, Bala Cynwyd, Pa., for claimants.

MEMORANDUM & ORDER

JOHN J. GALGAY, Bankruptcy Judge.

Claimants, Warehouse Employees Union, Local 169, have initiated this action against Food Fair, Inc. for breach of contract. They allege that in connection with its participation in a multiemployer pension plan, Food Fair owes to the plan approximately $4,000,000, representing an unfunded liability for the pensions of former employees. Food Fair objects that it has no obligation to pay such sum either...

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