MATTER OF TOWNSEND & WALL CO.

Bankruptcy No. 83-01351-SJ-11, Adv. No. 83-1174-SJ-11.

37 B.R. 40 (1983)

In the Matter of TOWNSEND & WALL CO., Debtor. TOWNSEND & WALL CO., Plaintiff, v. RETAIL RESOURCES, LTD., Defendant.

United States Bankruptcy Court, W.D. Missouri, St. Joseph Division.

December 21, 1983.


Attorney(s) appearing for the Case

Arthur B. Federman, Linde, Thomson, Fairchild, Langworthy, Kohn & Van Dyke, Kansas City, Mo., for plaintiff.

Michael H. Wetmore, Popkin, Stern, Heifetz, Lurie, Sheehan, Reby & Chervitz, St. Louis, Mo., for defendant.


FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL JUDGMENT DENYING PLAINTIFF'S COMPLAINT AND GRANTING DEFENDANT'S COUNTERCLAIM IN PART

DENNIS J. STEWART, Bankruptcy Judge.

This is an adversary action initiated by the plaintiff seeking a decree of the bankruptcy court subordinating its postpetition indebtedness to plaintiff under the doctrine of "equitable subordination". The defendant has counterclaimed to recover the amount of the postpetition indebtedness....

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