IN RE FIRST INTERN. SERVICES CORP.

Bankruptcy Nos. 5-81-354 to 5-81-359, Adv. No. 205-5-82-0355.

25 B.R. 66 (1982)

In re FIRST INTERNATIONAL SERVICES CORPORATION, Strategic Marketing Services, Inc., Command Performance Realty, Inc. C.P. Operations, Inc. Saugatuck Enterprises, Inc., Strategic Advertising Services Company, Inc., Debtors. COMMAND PERFORMANCE OPERATORS, INC., General Unsecured Creditors Committee and Franchisees Creditors Committee, Plaintiffs, v. FIRST INTERNATIONAL SERVICES CORPORATION, Strategic Marketing Services, Inc., Command Performance Realty, Inc., C.P. Operations, Inc., Saugatuck Enterprises, Inc., Strategic Advertising Services Company, Inc., the Clements Group, Inc., Walter J. Wright, Richard J. Wall, Adrian C. Deacon, James J. Dore, Morton Bailey, Jr., William E. Chambers, Jr., Peter Dunham, Fred M. Emmerich, William F. Rogers, III as Trustee, Star Services, Inc., Roger Cromwell, James Crothers, John Gellatly, and David E. Ladewig, Defendants.

United States Bankruptcy Court, D. Connecticut.

September 24, 1982.


Attorney(s) appearing for the Case

William J. Kupinse, Jr., of Goldstein & Peck, P.C., Bridgeport, Conn., for plaintiff, Command Performance Operators, Inc.

Ira B. Charmoy, of Levin & Charmoy, Bridgeport, Conn., for plaintiff, General Unsecured Creditors Committee.

Edward D. Jacobs, of Greenfield, Krick & Jacobs, P.C., New Haven, Conn., for plaintiff, Franchisees Creditors Committee.

Robert S. Grodberg, Andover, Mass., for defendant, The Clements Group, Inc.

Steven M. Richmond, of Kaye, Fialkow, Richmond & Rothstein, Boston, Mass., for defendants First Intern. Services Corp., Strategic Marketing Services, Inc., Command Performance Realty, Inc., C.P. operations, Inc., Saugatuck Enterprises, Inc., and Strategic Advertising Services, Co., Inc.

John R. Bryk, of Blawie, Belinke & Varone, Bridgeport, Conn., for defendants, Adrian C. Deacon and James J. Dore.

David Patrick Burke, of Duel & Holland, Greenwich, Conn., for defendants, Richard J. Wall and Walter J. Wright.

John B. Nolan, of Day, Berry & Howard, Hartford, Conn., for defendants, Morton Bailey, Jr., William E. Chambers, Jr., Peter Dunham, Fred M. Emmerich, William F. Rogers, III as Trustee, Star Services, Inc. and David E. Ladewig.


MEMORANDUM AND ORDER

ALAN H.W. SHIFF, Bankruptcy Judge.

The plaintiffs in this proceeding seek, inter alia, an order declaring void an "Agreement for Sale and Purchase of Shares" (Agreement) between the Clements Group, Inc. (Buyer) and the owners of the shares of stock of the debtors (Sellers). Both parties to the Agreement, as well as the debtors, are defendants herein. The debtors are interrelated corporations in the business of operating a franchise...

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