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IN RE DAYLIGHT DAIRY PRODUCTS, INC.

Bankruptcy No. 89-40217-JFQ, Adv. No. 90-4227.

125 B.R. 1 (1991)

In re DAYLIGHT DAIRY PRODUCTS, INC., Debtor. Joseph B. COLLINS, Trustee in Bankruptcy of Daylight Dairy Products, Inc. d/b/a Jane Alden Stores, Plaintiff, v. BANK OF NEW ENGLAND-WEST, N.A. Agri-Mark, Inc., Intervenors, Defendants.

United States Bankruptcy Court, D. Massachusetts.

March 8, 1991.

Attorney(s) appearing for the Case

Joseph Collins, Hendel, Collins & Newton, Springfield, Mass., for trustee/plaintiff.

Steven Weiss, Cooley, Shrair, Alpert, Labovitz & Dambrov, Springfield, Mass., for Bank of New England-West, defendant.

Victor Rosenberg, Robinson, Donovan, Madden & Barry, Springfield, Mass., for Agri-Mark, Inc.

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

Bank of New England-West, N.A. (the "Bank") mistakenly recorded a discharge of its mortgage from Daylight Dairy Products, Inc. (the "Debtor") covering property at 700-702 Summer Avenue, Springfield, Massachusetts. The trustee in bankruptcy, Joseph B. Collins (the "Trustee"), seeks to take the property free of the mortgage on the strength of his status as a judicial lien creditor and bona fide purchaser of...

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