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MATTER OF EASTHAMPTON SAND & GRAVEL CO., INC.

Bankruptcy Nos. 882-82102-17, 882-0589-17.

25 B.R. 193 (1982)

In the Matter of EASTHAMPTON SAND & GRAVEL CO., INC., Debtor. Peter BISTRIAN, Plaintiff, v. EASTHAMPTON SAND & GRAVEL CO., INC., Defendant.

United States Bankruptcy Court, E.D. New York.

December 2, 1982.

Attorney(s) appearing for the Case

Esseks, Hefter, Cuddy & Angel, Riverhead, N.Y. by William Esseks, Riverhead, N.Y., for plaintiff.

Pinks, Feldman & Brooks, Melville, N.Y. by Bernard S. Feldman, and Steven G. Pinks, for debtor.

DECISION

BORIS RADOYEVICH, Bankruptcy Judge.

By complaint filed September 2, 1982 the plaintiff creditor, Peter Bistrian, seeks to vacate the Bankruptcy Code's automatic stay to allow him to proceed, in State Court, to recover possession of certain premises leased to the debtor/defendant, East Hampton Sand and Gravel Company, Inc. In its answer filed September 20, 1982 the defendant denies the complaint's material allegations, and asserts as affirmative...

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