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IN RE PACIFIC EXP., INC.

Bankruptcy Nos. 284-00394-D-11, 284-00395-D-11, Adv. No. 284-0361.

55 B.R. 913 (1985)

In re PACIFIC EXPRESS, INC., a California corporation, Debtor. In re PACIFIC EXPRESS HOLDING, INC., a California corporation, Debtor. The UNSECURED CREDITORS' COMMITTEE OF PACIFIC EXPRESS, INC., and Pacific Express Holding, Inc., Debtors, on Behalf of and In the Name of Pacific Express, Inc., and Pacific Express Holding, Inc., Debtors-In-Possession, Plaintiffs, v. PIONEER COMMERCIAL FUNDING CORPORATION, a New York Corporation, dba PCFC California, et al., Defendants.

United States Bankruptcy Court, E.D. California.

December 18, 1985.

Attorney(s) appearing for the Case

Edward Tredinnick, Phelan, Stuppi, Sorensen & McQuaid, San Francisco, Cal., for Unsecured Creditors' Com.

Joel Zeldin, Dinkelspiel, Donovan & Reder, San Francisco, Cal., Mark Gorton, Cooper & Shaffer, Sacramento, Cal., for defendants.

MEMORANDUM OPINION AND DECISION

LOREN S. DAHL, Bankruptcy Judge.

FACTS

In the present matter before the court defendants, Pioneer Commercial Funding Corporation and its purchasers of participation shares (participants), move the court to dismiss the plaintiffs' complaint and/or for summary judgment. Simultaneously, plaintiffs, the unsecured creditors' committees of Pacific Express, Inc. and Pacific Express...

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