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IN RE F.A. POTTS AND CO., INC.

Bankruptcy No. 81-03639T, Adv. No. 82-1467.

42 B.R. 712 (1984)

In re F.A. POTTS AND CO., INC., Debtor. McCORMACK TERMINAL COMPANY, INC., Plaintiff and Counterdefendant, v. F.A. POTTS AND CO., INC., Defendant and Counterclaimant, and Korea Shipping Corporation, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

August 27, 1984.

Attorney(s) appearing for the Case

David L. Braverman, Wexler, Weisman, Forman & Shapiro, Philadelphia, Pa., for F.A. Potts and Co., Inc.

Michael M. Baylson, Duane, Morris & Heckscher, Philadelphia, Pa., for McCormack Terminal Co., Inc.

John K. Fiorilla, Philadelphia, Pa., for Consol. Rail Corp.

George J. Koelzer, Red Bank, N.J., for Korea Shipping Corp.

OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

The plaintiff, McCormack Terminal Company, Inc. ("McCormack"), commenced this adversary proceeding on June 11, 1982 by filing a Complaint against F.A. Potts and Co., Inc. ("Potts"), a Chapter 11 debtor which filed its bankruptcy petition on September 11, 1981, and Korea Shipping Corporation.1 The gravamen of the Complaint is that Potts defaulted under an Agreement between Potts...

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