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IN RE FERNANDES SUPERMARKETS, INC.

Bankruptcy No. 78-1713-HL.

1 B.R. 249 (1979)

In re FERNANDES SUPERMARKETS, INC., Debtor. FERNANDES SUPERMARKETS, INC., Plaintiff, v. Richard R. VAZZA, Trustee of Park West Trust, Defendant.

United States Bankruptcy Court, D. Massachusetts.

October 25, 1979.

Attorney(s) appearing for the Case

Charles R. Bennett, Jr., Riemer & Braunstein, Boston, Mass., for plaintiff, Fernandes Supermarkets.

Marcus E. Cohn, Frank Giso, III, Peabody, Brown, Rowley & Storey, Boston, Mass., for defendant, Park West Trust.

MEMORANDUM RE LANDLORD'S DAMAGES

HAROLD LAVIEN, Bankruptcy Judge.

The debtor, Fernandes Supermarkets, Inc., has objected to a proof of claim filed by the debtor's former landlord seeking damages for breach of a lease agreement by the debtor. The parties have stipulated as to the amounts due for pre-filing unpaid rent and for the administrative claim for use and occupation.

The lease in question was executed by Park West Trust as lessor and the debtor...

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