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IN RE FERNANDES SUPER MARKETS, INC.

No. 78-1713-HL.

1 B.R. 299 (1979)

In re FERNANDES SUPER MARKETS, INC., Debtor. FERNANDES SUPER MARKETS, INC., Plaintiff, v. BUTTERFIELD INSURANCE COMPANY, INC., Defendant.

United States Bankruptcy Court, D. Massachusetts.

November 19, 1979.

Attorney(s) appearing for the Case

Charles R. Bennett, Jr., Julius Thannhauser, Riemer & Braunstein, Boston, Mass., for plaintiff Fernandes Super Markets, Inc.

Stephen F. Gordon, Carol J. Kenner, Guy B. Moss, Widett, Slater & Goldman, P.C., Boston, Mass., for defendant Butterfield Ins. Co.

MEMORANDUM RE SET-OFF

HAROLD LAVIEN, Bankruptcy Judge.

The defendant, Butterfield Insurance Agency, Inc. (Butterfield) seeks to set off certain monies it received from the Central Mutual Insurance Company (Central) against the debt owed to Butterfield by Fernandes, thereby receiving 100 cent dollars and reducing its unsecured claim. The monies in question represent a return of overestimated premium payments and dividends in connection with a workmen's compensation...

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