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IN RE LIPMAN BROS., INC.

Bankruptcy No. 82-00969-HL.

35 B.R. 178 (1983)

In re LIPMAN BROTHERS, INC., Debtor.

United States Bankruptcy Court, D. Massachusetts.

August 16, 1983.

Attorney(s) appearing for the Case

Christopher W. Parker, Craig & Macauley, P.C., Boston, Mass., for trustee.

Jerome E. Rosen, Lappin, Rosen, Goldberg & Levenson, Boston, Mass., for Colley Group.

FINDINGS OF FACT AND RULINGS OF LAW ON MOTION FOR RETURN OF DEPOSIT

HAROLD LAVIEN, Bankruptcy Judge.

George A. Colley, III ("Colley") has filed a motion requesting that this Court order the trustee to return a $60,000 deposit made by Colley as part of a bid on the sale of the debtor's fish processing business in Gloucester. The notice inviting the bids stated:

[T]he original offeror and any party who submitted a timely counteroffer and deposit shall...

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