IN RE WALLINGFORD'S FRUIT HOUSE

Bankruptcy No. 282-00086, Adv. No. 282-0306.

30 B.R. 654 (1983)

In re WALLINGFORD'S FRUIT HOUSE, Debtor. WALLINGFORD'S FRUIT HOUSE, Plaintiff, v. INHABITANTS OF THE CITY OF AUBURN, Defendant.

United States Bankruptcy Court, D. Maine.

June 6, 1983.


Attorney(s) appearing for the Case

Stephen B. Wade, Fales & Fales, P.A., Lewiston, Me., for debtor/plaintiff.

G. Curtis Webber, Linnell, Choate & Webber, Auburn, Me., for the City of Auburn.

Gary C. Wood, Maine Municipal Ass'n Legal Services, Augusta, Me., amicus curiae.


MEMORANDUM OF DECISION

JAMES A. GOODMAN, Bankruptcy Judge.

The debtor filed on October 25, 1982 a complaint seeking to hold the defendant in contempt for violating the automatic stay of 11 U.S.C. § 362. The debtor moved for partial summary judgment on the issue of whether the defendant violated the stay, and the parties filed an agreed statement of facts.

The dispute before the Court involves the defendant...

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