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IN RE STOP & GO OF AMERICA, INC.

Bankruptcy No. 84-1559-HL, Adv. No. A85-002.

49 B.R. 743 (1985)

In re STOP & GO OF AMERICA, INC., Debtor. Harold B. MURPHY, Trustee of Stop & Go of America, Inc., Plaintiff, v. STOP & GO SHOPS, INC., Chapter 11 Case No. 84-1597-HL; the Bou-Faro Company; Anthony Boutin and Carmine Decristoforo; Matteo D'Anello, Stephen Winokur, Edward Stone; Precision Brake Co., a/k/a Precision Transmission and Brake Shops; Richard Lauro, Defendants.

United States Bankruptcy Court, D. Massachusetts.

April 29, 1985.

Attorney(s) appearing for the Case

Harold B. Murphy, Hanify & King, Boston, Mass., pro se.

Mark B. Morse, Lynch & Greenfield, Providence, R.I. for Carmine DeCristoforo.

Owen Prague, Barron & Stadfeld, Boston, Mass., for Anthony Boutin.

Marshall Newman, Newman & Newman, Boston, Mass., for debtor Stop & Go Shops, Inc.

MEMORANDUM

HAROLD LAVIEN, Bankruptcy Judge.

On January 7, 1985, the Chapter 11 Trustee (the "Trustee" or "Plaintiff") of Stop & Go of America, Inc. ("S & G of America") filed an Amended Complaint (the "Complaint") seeking legal title to certain franchise contracts and property rights (the "assets") listed in the estate of Stop & Go Shops, Inc. ("S & G Shops"), and to avoid the purported lien asserted by Bou-Faro Company ("Bou-Faro") on the...

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