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IN RE 2903 WINES & SPIRITS, INC.

No. 83 Civ. 1945 (JFK).

45 B.R. 1003 (1984)

In re 2903 WINES & SPIRITS, INC., Debtor. Irving ARZT, as Trustee of 2903 Wines & Spirits, Inc., Plaintiff, v. ROZZIE LIQUORS, INC., Michael N. Alexander, Donald McHenry and George S. Goldberg, Defendants. ROZZIE LIQUORS, INC., a Corporation of the State of New York, and Michael N. Alexander, Defendants-Cross-Claimants, v. Donald McHENRY and George S. Goldberg, Cross-Claimants Defendants.

United States District Court, S.D. New York.

December 13, 1984.

Attorney(s) appearing for the Case

Harold S. Berzow, Kevin J. Nash, Finkel, Goldstein & Berzow, New York City, for plaintiff.

Leo Kaplowitz, Warren L. Fink, Kaplowitz & Wise, Linden, N.J., for defendants-cross-claimants.

Robert F. Meehan, Altieri, Kushner & Miuccio, New York City, for cross-claimants defendants.

OPINION AND ORDER

KEENAN, District Judge:

Michael N. Alexander ("Alexander") and Rozzie Liquors, Inc. ("Rozzie Liquors"), as defendants and cross-claimants, seek partial summary judgment: (1) adjudicating a May 12, 1982 agreement between Alexander, Rozzie Liquors and Donald McHenry ("McHenry"), acting as the sole shareholder, officer and director of 2903 Wines & Spirits, Inc. ("Wines & Spirits"), to be non-assumable by Wines & Spirits' trustee...

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