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ROSEN v. A-H, INC.

17 Mass. App. Ct. 126 (1983)

456 N.E.2d 477

GERALD D. ROSEN & another vs. A-H, INC.

Appeals Court of Massachusetts, Suffolk.

November 23, 1983.

Attorney(s) appearing for the Case

Carl K. King (Eric I. Zucker with him) for the defendant.

Gerald P. Tishler (John A. Wortmann, Jr., with him) for the plaintiffs.

Present: GRANT, KAPLAN, & DREBEN, JJ.

DREBEN, J.

This appeal turns on the construction of a subordination clause in a 1973 convertible debenture issued by Austin Hastings Co., Inc. (the Company), to the defendant, A-H, Inc. A judge of the Superior Court held that the defendant's claim to the proceeds of a foreclosure sale was subordinated to the claims of unsecured trade creditors represented by the plaintiffs. We affirm.

The 1973 debenture was...

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