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IN RE FRANKLIN COMPUTER CORP.

Bankruptcy No. 84-02016G, Adv. No. 85-0409G.

57 B.R. 155 (1986)

In re FRANKLIN COMPUTER CORPORATION, Jointly Administered with Franklin Technologies, Inc., Debtor. FRANKLIN COMPUTER CORPORATION, Plaintiff, v. WOLSTEN'S PROJECTOR HOUSE, INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

January 16, 1986.

Attorney(s) appearing for the Case

Marvin Krasny, Steven D. Usdin, Adelman Lavine Krasny Gold & Levin, Philadelphia, Pa., for debtor/plaintiff, Franklin Computer Corp.

Robert G. Bauer, Abraham, Pressman & Bauer, Philadelphia, Pa., for defendant, Wolsten's Projector House, Inc.

Michael A. Bloom, Philadelphia, Pa., for Creditors' Committee.

OPINION

EMIL F. GOLDHABER, Chief Judge:

The first of two issues presented in this opinion is whether prepetition debts may be setoff against postpetition obligations. The second point for decision is whether there is a breach of an implied warranty of merchantability when a computer is billed as compatible with the software of a competitor although, in fact, it cannot operate some of the competitor's software programs. For the reasons outlined herein, we...

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