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IN RE JOHN OLIVER CO., INC.

Bankruptcy No. 82-01153-JG.

24 B.R. 539 (1982)

In re JOHN OLIVER CO., INC., Alleged debtor.

United States Bankruptcy Court, D. Massachusetts.

November 18, 1982.

Attorney(s) appearing for the Case

Riemer & Braunstein, Boston, Mass., for petitioning creditors.

Kenneth E. Karger, Boston, Mass., for Bobst, Inc.

Craig & Macauley, Bertin C. Emmons, Kaye, Fialkow, Richmond, & Rothstein, Boston, Mass., Philip Strome, Salem, Mass., for Roberts & Porter, Inc.

Robert Smith, Boston, Mass., for Harold Pitman Co.

Herbert C. Kahn, Boston, Mass., for Kahn Paper Co., Inc.

MEMORANDUM

JAMES N. GABRIEL, Bankruptcy Judge.

Before the Court is the Motion of Bobst, Inc. (Bobst) to Dismiss the Involuntary Petition or Abstain from the case. Bobst, an alleged secured creditor of the debtor, John Oliver Co., Inc. (Oliver), contends that the petitioning creditors' assent to an assignment for the benefit of creditors bars them from filing an involuntary petition. The Petitioning Creditors' and the Assignees oppose dismissal or abstention...

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