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IN RE ARBOGAST AND BASTIAN, INC.

Bankruptcy No. 84-01538 T, Adv. No. 84-0744.

42 B.R. 633 (1984)

In re ARBOGAST AND BASTIAN, INC., Debtor. Paul E. GIBSON, t/a G and S Livestock Co., Plaintiff, v. ARBOGAST AND BASTIAN, INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

October 3, 1984.

Attorney(s) appearing for the Case

William M. Shields, Philadelphia, Pa., for plaintiff.

J. Jackson Eaton, III, Allentown, Pa., for debtor.

Kurt Althouse, Reading, Pa., for Creditors' Committee.

MEMORANDUM OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

In this adversary proceeding, the plaintiff seeks a determination that he is a beneficiary of the statutory trust which has been established by the Chapter 11 debtor-defendant pursuant to section 206 of the Packers and Stockyards Act of 1921, as amended, 7 U.S.C. § 181 et seq. ("the Act"). The plaintiff is a livestock seller and the debtor is a packer which has not paid for certain of the livestock...

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