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IN RE NAT. SUGAR REFINING CO.

Bankruptcy No. 81 B 11756 (EJR), Adv. No. 82-5455-A.

26 B.R. 762 (1982)

In re The NATIONAL SUGAR REFINING COMPANY, Debtor. The NATIONAL SUGAR REFINING COMPANY and Bankers Trust Company, Plaintiffs, v. LENTZ MILLING COMPANY, Defendant.

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

December 15, 1982.

Attorney(s) appearing for the Case

Wessel & Carpel, Philadelphia, Pa., for defendant.

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

Moses & Singer, New York City, for defendant Bankers Trust Co.

DECISION ON MOTION BY LENTZ MILLING COMPANY TO DISMISS COMPLAINT AND/OR CHANGE VENUE

EDWARD J. RYAN, Bankruptcy Judge.

On March 23, 1982, the 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, Lentz Milling Company ("Lentz"). The complaint seeks the assumption of an executory contract; damages relating to the breach of that...

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