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IN RE BERKSHIRE CHEMICAL HAULERS, INC.

Bankruptcy No. 4-81-00428-G, Adv. No. 4-81-0413.

20 B.R. 454 (1982)

In re BERKSHIRE CHEMICAL HAULERS, INC., Debtor. MOTOR TRUCK AND TRAILER CO., v. BERKSHIRE CHEMICAL HAULERS, INC., Defendant.

United States Bankruptcy Court, D. Massachusetts.

May 28, 1982.

Attorney(s) appearing for the Case

Gerard D. Downing, Katz & LaPointe, Pittsfield, Mass., for plaintiff.

Michael J. Ripps, North Adams, Mass., for defendant.

MEMORANDUM AND ORDER

PAUL W. GLENNON, Bankruptcy Judge.

Plaintiff Motor Truck and Trailer Company ("Motor Truck") seeks the return from the debtor of four line-haul tractors which, it is agreed, were leased to the debtor in November, 1979 for approximately a four year term. The debtor argues that the vehicles are essential to its continued business life and that it has offered adequate assurance of future performance of its lease obligations by the submission...

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