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IN RE RISTAGNO

Bankruptcy No. 82-04786K, Adv. No. 82-2603K.

27 B.R. 104 (1983)

In re Alfred RISTAGNO t/a Telstar Jewelers, Debtor. Alfred RISTAGNO t/a Telstar Jewelers, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA, and Joseph A. Sullivan, Sheriff of the City and County of Philadelphia, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

February 2, 1983.

Attorney(s) appearing for the Case

Morton R. Branzburg, Philadelphia, Pa., for debtor/plaintiff.

Prince Atlee Thomas, Deputy Atty. Gen., Com. of Pa., Eastern Regional Office, Philadelphia, Pa., for defendants.

Paul P. Giordano, Philadelphia, Pa., trustee.

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

Presently before the Court is an Application for the Appointment of a Trustee by the Commonwealth of Pennsylvania, Department of Revenue.1 For the reasons hereinafter set forth, we will grant the Application.

The request for the appointment of a trustee in a case under Chapter 11 of the Bankruptcy Code ("The Code") is governed by § 1104(a) which provides:

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