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IN RE MUSHROOM TRANSP. CO., INC.

Bankruptcy No. 85-02575F.

90 B.R. 718 (1988)

In re MUSHROOM TRANSPORTATION COMPANY, INC. Jointly Administered With: Penn York Realty Company, Inc., Leazit, Inc., Robbey Realty, Inc., and Trux Enterprises, Inc.

United States Bankruptcy Court, E.D. Pennsylvania.

August 25, 1988.

Attorney(s) appearing for the Case

Michael J. Reed, Paoli, Pa., for Estate of William G. Cutaiar, a shareholder.

William A. Slaughter, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for Robert G. Cutaiar, a shareholder.

Jonathan H. Ganz, Pincus, Bressler, Hahn, Reich & Weinberg, Philadelphia, Pa., for debtor, Mushroom Transp. Co., Inc.

Paul Silverstein, Booth, Marcus & Pierce, New York City and Kenneth F. Carobus, Morris and Adelman, P.C., Philadelphia, Pa., for Creditors' Committee.

Kent Cprek, Sanford G. Rosenthal, Sagot & Jennings, P.C., Philadelphia, Pa., for Teamsters Pension Trust Fund of Philadelphia and Vicinity.

MEMORANDUM

BRUCE I. FOX, Bankruptcy Judge:

This action involves the determination of the validity of a claim against a chapter 11 debtor, Robbey Realty, Inc., for withdrawal liability to a multi-employer pension fund pursuant to 29 U.S.C. §§ 1301, 1381 and 1399. The claimant has moved for summary judgment under Fed.R.Civ.P. 56 and for the reasons set forth below the motion will be granted.

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