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MATTER OF OGDEN HOWARD FURNITURE CO., INC.

Bankruptcy Nos. 82-210, 82-209, Adv. No. 82-92.

35 B.R. 209 (1983)

In the Matter of OGDEN HOWARD FURNITURE CO., INC., a Delaware corporation and Ogden Howard 202, Inc., a Delaware corporation, Debtors. Jonathan GAYL, Trustee in Bankruptcy of Ogden Howard Furniture Co., Inc., a Delaware corporation and Market Street Holding Company, Inc., a Delaware corporation, Plaintiffs, v. Thomas F. WATKINS, individually and trading as Apocalpytic Productions, and Xanadu Comics and Collectables, Inc., a Delaware corporation, Defendants.

United States Bankruptcy Court, D. Delaware.

November 3, 1983.

Attorney(s) appearing for the Case

Marc Abrams, Young, Conaway, Stargatt & Taylor, Wilmington, Del., for plaintiffs.

John R. Weaver, Jr., Keith & Koffenberger, Wilmington, Del., for defendants.

MEMORANDUM OPINION

HELEN S. BALICK, Bankruptcy Judge.

Jonathan Gayl, trustee of the Chapter 7 bankruptcy estate of Ogden Howard Furniture Co., Inc. filed suit against Thomas F. Watkins, individually and trading as Apocalpytic Productions, and Xanadu Comics and Collectables, Inc. for a money judgment and possession of premises at 2 W. 5th Street, Wilmington, Delaware. The basis of the plaintiff's complaint is that defendants materially breached the covenant...

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