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IN RE NATIONAL SUGAR REFINING CO.

Bankruptcy No. 81 B 11756 (EJR), Adv. No. 82-5672-A.

23 B.R. 726 (1982)

In re The NATIONAL SUGAR REFINING COMPANY, Debtor, The NATIONAL SUGAR REFINING COMPANY and Bankers Trust Company, Plaintiffs, v. MA'S OLD FASHIONED ROOT BEER, Defendant.

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

October 20, 1982.

Attorney(s) appearing for the Case

Moses & Singer, New York City, for plaintiff Bankers Trust Company.

Cullen & Dykman, Garden City, N.Y., for defendant.

Finley, Kumble, Wagner, Heine, Underberg & Casey, New York City, for debtor and plaintiff National Sugar Refining Co.

DECISION ON MOTION TO DISMISS AND TO CHANGE VENUE

EDWARD J. RYAN, Bankruptcy Judge.

On May 13, 1982, debtor in possession, National Sugar Refining Company ("National") and its lender, co-plaintiff Bankers Trust Company (the "Bank"), jointly filed a summons and complaint against defendant, Ma's Old Fashioned Root Beer ("Old Fashioned"), seeking the assumption of two purported executory contracts and damages relating to the breach of said contracts. On June...

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