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IN RE VICTORY MARKETS INC.

Bankruptcy Nos. 95-63366 to 95-63371.

212 B.R. 738 (1997)

In re VICTORY MARKETS INC., Debtor. In re DUNCO REALTY & EQUIPMENT CORP., Debtor. In re VM CUSTOM FIXTURES, INC., Debtor. In re FOOD KING, INC., Debtor. In re NORWICH RECYCLING CORP., Debtor. In re GEDDES ST. PLAZA ASSOC., INC., Debtor.

United States Bankruptcy Court, N.D. New York.

April 30, 1997.

Attorney(s) appearing for the Case

Menter, Rudin & Trivelpiece, P.C., Syracuse, NY (Jeffrey Dove, of counsel), for Debtor.

Cooper, Erving, Savage, Nolan & Heller, LLP, Albany, NY (Craig H. Norman, of counsel), for Creditor.

MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

STEPHEN D. GERLING, Chief Judge.

This contested matter comes before the Court by way of a cross-motion filed by creditor Imperial Distributors, Inc. ("Imperial"), seeking allowance and payment of an administrative expense claim against the debtor, Victory Markets, Inc. ("Debtor"), based upon a sale of goods to Debtor prior to bankruptcy.

The Court heard oral argument on the matter...

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