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IN RE FITCH TRANSP. CORP.

Bankruptcy No. 180-01439-260, Adv. No. 182-0309.

28 B.R. 618 (1983)

In re FITCH TRANSPORTATION CORP., Debtor. Harold WAPNICK, Plaintiff, v. SYMBAX, INC. and Realty Growth Capital Corp., Defendants.

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

April 6, 1983.

Attorney(s) appearing for the Case

John Pereira, New York City, trustee; Ian Gazes, New York City, of counsel.

Siegel, Sommers & Schwartz, New York City, for Symbax; Lawrence C. Gottlieb, New York City, of counsel.

Alan J. Pomerantz, New York City, for Realty Growth and Firestone.

Harold Wapnick, pro-se, creditor.

DECISION AND ORDER

CONRAD B. DUBERSTEIN, Bankruptcy Judge.

This is an action to determine the priority of claims alleged to be secured. The plaintiff contends that he holds a perfected security interest in the proceeds of the sale of certain property of the debtor sold during the course of this case, superior to that of the defendants. His claim rests on an assertion that the defendants failed to properly perfect their own security interest in the same property...

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