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IN RE COFFEE CUPBOARD, INC.

Bankruptcy Nos. 181-13520-260, 181-13522-260, 181-13523-260, 181-13524-260, 181-13525-260 and 181-13527-260, Adv. No. 182-0325.

33 B.R. 668 (1983)

In re COFFEE CUPBOARD, INC., Warehouse Outlet of Whitestone, Inc., Bazaar De La Cuisine, Inc., Allvend Industries, Inc., Warehouse Outlet of Flushing, Inc., Warehouse Outlet of New Rochelle, Inc., Debtors, COUNTRYWIDE METAL FINDERS, INC., Plaintiff, v. COFFEE CUPBOARD, INC., et al., Defendants.

United States Bankruptcy Court, E.D. New York.

October 5, 1983.

Attorney(s) appearing for the Case

Hartley James Chazen and Ballon, Stoll & Itzler, New York City, for plaintiff.

Louis P. Rosenberg, Brooklyn, N.Y., for debtors.

DECISION AND ORDER

CONRAD B. DUBERSTEIN, Bankruptcy Judge.

This matter is before the court on a motion by the debtor/defendant to dismiss, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, the plaintiff's complaint.

The defendants, Allvend Industries, Inc., and its operating subsidiaries, filed petitions for reorganization under Chapter 11 of the Bankruptcy Code in 1981. The plaintiff corporation...

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