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IN RE DARBY SUPERMARKET, INC.

Civ. A. No. 88-7441.

94 B.R. 54 (1988)

In re DARBY SUPERMARKET, INC.

United States District Court, E.D. Pennsylvania.

December 12, 1988.

Attorney(s) appearing for the Case

Pace Reich, Gary R. Kozik, Pincus, Bressler, Hahn, Reich & Weinberg, Philadelphia, Pa., for appellant.

James O'Connell, Philadelphia, Pa., Asst. U.S. Trustee.

Steven R. Fischer, Gary A. Rosen, Hangley, Connolly, Epstein, Chicco, Foxman & Ewing, Philadelphia, Pa., for debtor.

MEMORANDUM AND ORDER

HUYETT, District Judge.

This is an appeal of an order of the bankruptcy court denying the motion of creditor Wetterau Finance Co. and Wetterau Food Services, Inc. (Wetterau) to convert the Chapter 11 bankruptcy of debtor Darby Supermarket Inc. (Darby) to a Chapter 7 proceeding, pursuant to 11 U.S.C. § 1112(b). In its August 17, 1988 order, which followed a hearing on Wetterau's motion, the bankruptcy court ordered Darby to file...

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