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IN RE RADWIN TRANSFER OF PENNSYLVANIA, INC.

Bankruptcy No. 81-00615G, Adv. No. 82-0082G.

19 B.R. 6 (1982)

In re RADWIN TRANSFER OF PENNSYLVANIA, INC., A Pennsylvania Corporation, Debtor. ASSOCIATES COMMERCIAL CORP., Plaintiff, v. BERGEY'S GMC, INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

April 2, 1982.

Attorney(s) appearing for the Case

William A. Harvey, Fellheimer, Eichen & Goodman, Philadelphia, Pa., for plaintiff, Associates Commercial Corp.

Edwin S. Moore, III, Thistle, Moore, Rosser & Tull, Philadelphia, Pa., for defendant, Bergey's GMC, Inc.

Walter B. Dunsmore, Lansdale, Pa., for debtor, Radwin Transfer of Pennsylvania, Inc.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether a garageman's lien for repairs to the debtor's tractor takes priority over a prior perfected security interest in that tractor. We are compelled by Pennsylvania case law on this issue to answer that question in the negative because the garageman failed to obtain the consent of the security interest holder prior to making the repairs on the tractor.

The facts of the instant...

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