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IN RE ROMEO J. ROY, INC.

Bankruptcy No. CV-83-0264.

32 B.R. 1008 (1983)

In re ROMEO J. ROY, INC., Debtor. ROMEO J. ROY, INC., and Modern Plumbing & Heating, Inc., Plaintiffs, v. NORTHERN NATIONAL BANK, Defendant, Counterclaim Plaintiff and Counterclaim Defendant, v. JIM ROY PLUMBING & HEATING PRODUCTS, INC., Counterclaim Defendant and Counterclaim Plaintiff, and L. James Roy and Jacqueline Roy, Counterclaim Defendants.

United States District Court, D. Maine.

September 14, 1983.

Attorney(s) appearing for the Case

Stephen G. Morrell, Eaton, Peabody, Bradford & Veague, Thomas M. Brown, Bangor, Me., for Romeo J. Roy, Inc. & Modern Plumbing and Heating, Inc.

Michael S. Haenn, Mitchell & Sterns, Bangor, Me., for Creditor's Committee.

Gerald F. Petuccelli, Petuccelli, Cohen, Erler & Cox, Portland, Me., for Northern Nat. Bank.

James A. Robinson, Logan, Kurr Hamilton & Robinson, Bangor, Me., for James & Jacqueline Roy.

Harlan J. Choate, Small Business Adm., Augusta, Me., for SBA.

Peter W. Greenleaf, Asst. U.S. Trustee, Portland, Me., for U.S. Trustee.

CARTER, District Judge.

In May 1983 plaintiffs, debtors in two Chapter 11 proceedings pending in the Bankruptcy Court, filed a complaint in the Bankruptcy Court against Northern National Bank alleging tortious interference with debtor Roy's business operations. The bank at that time was a secured creditor of the debtors but had not filed a proof of claim in the bankruptcy proceeding. The bank counterclaimed against the debtor seeking enforcement of its rights on a...

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