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MATTER OF DAVID A. ROSOW, INC.

Bankruptcy No. 2-80-01081, Adv. No. 2-80-0410.

13 B.R. 203 (1981)

In the Matter of DAVID A. ROSOW, INCORPORATED, Debtor. The STOP & SHOP COMPANIES, INC., Plaintiff, v. DAVID A. ROSOW, INCORPORATED, Debtor, Defendant.

United States Bankruptcy Court, D. Connecticut.

August 4, 1981.

Attorney(s) appearing for the Case

Irving D. Labovitz, Springfield, Mass., for debtor-defendant.

Elizabeth B. Leete, Hartford, Conn., for plaintiff.

Richard H. Seidman, Hartford, Conn., for creditors' committee.

MEMORANDUM AND ORDER

ROBERT L. KRECHEVSKY, Bankruptcy Judge.

In this proceeding, the plaintiff petitioner offers a variant theory of recovery to that presented in an earlier adversary proceeding involving precisely the same facts. The proceeding at bar was initiated by a petition filed July 7, 1981 and also by a complaint filed July 21, 1981. Since the desired relief and the arguments thereunto pertaining under both the petition and the complaint are identical...

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