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IN RE VADNAIS LUMBER SUPPLY, INC.

Bankruptcy No. 88-40487-JFQ, Adv. No. 88-4056.

100 B.R. 127 (1989)

In re VADNAIS LUMBER SUPPLY, INC. d/b/a Churchill Forest Products d/b/a Industrial Forest Products, Debtor. VADNAIS LUMBER SUPPLY, INC. d/b/a Churchill Forest Products d/b/a Industrial Forest Products, Plaintiff, v. James P. BYRNE, James Kaveny, a/k/a James Kaveney, Edward T. Mis, Jr., Andrew F. Sears, Defendants.

United States Bankruptcy Court, D. Massachusetts.

May 24, 1989.

Attorney(s) appearing for the Case

Joseph Reinhardt, Hendel, Collins & Newton, Springfield, Mass., for Vadnais Lumber Supply Inc., debtor, plaintiff.

William Murray, Murray, Fitzgerald, Sabella & Donahue, West Springfield, Mass., for James P. Byrne, James Kaveny, Edward T. Miss, Jr. & Andrew F. Sears, defendants.

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

This litigation follows in the wake of a leveraged buyout of Vadnais Lumber Supply, Inc., the debtor in this Chapter 11 proceeding (the "Debtor"). It is apparently a case of first impression concerning the fraudulent transfer consequences of stock redemptions accompanied by noncompetitive covenants to which separate considerations have been allocated. Also presented are questions under preference law of business...

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