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IN RE INTERNATIONAL TECHNICAL PRODUCTS CORP.

Bankruptcy No. 79-01340-BKC-TCB, Adv. No. 81-0560-BKC-TCB-A.

16 B.R. 328 (1981)

In re INTERNATIONAL TECHNICAL PRODUCTS CORP., Debtor. Daniel BAKST, Trustee, Plaintiff, v. The FIRST NATIONAL BANK OF BOSTON, Defendant.

United States Bankruptcy Court, S.D. Florida.

December 31, 1981.

Attorney(s) appearing for the Case

Martin Sandler, Miami, Fla., for Trustee.

Jerold I. Budney, Sanford Bohrer, Miami, Fla., for defendant.

Daniel Bakst, West Palm Beach, Fla., Trustee.

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

In this adversary complaint, the trustee seeks equitable subordination of the defendant bank's asserted security interest in the debtor's assets as well as damages of $1 million, both on the ground that the bank dominated the debtor to the bank's benefit. (C.P. No. 1). The bank by a letter dated December 8 (C.P. No. 16) requested dismissal of the action with prejudice on the ground of res judicata...

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