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MATTER OF THEOBALD INDUSTRIES, INC.

Bankruptcy No. 84-0312.

53 B.R. 506 (1984)

In the Matter of THEOBALD INDUSTRIES, INC., Debtor. Charles A. STANZIALE, Jr., Trustee of Theobald Industries, Inc., Debtor, and Theobald Industries, Inc., Debtor, Plaintiffs, v. STATE OF NEW JERSEY, by the COMMISSIONER OF TRANSPORTATION, Department of Labor & Industry, and Department of Treasury, Defendants.

United States Bankruptcy Court, D. New Jersey.

November 21, 1984.

Attorney(s) appearing for the Case

Frank Vecchione, Crummy, Del Deo, Grittinger & Vecchione, Newark, N.J. for Debtor.

Robert Blau, Irwin Kimmelman, Atty. Gen., State of N.J., for State of N.J.

OPINION

D. JOSEPH DE VITO, Bankruptcy Judge.

On August 11, 1980, Theobald Industries, Inc. (Theobald) filed a petition in bankruptcy under Chapter 11 of Title 11 of the U.S. Code, followed by the appointment of a trustee.

On May 17, 1984, Theobald and the trustee filed a complaint against the state of New Jersey, alleging in counts one and two that acts of the state Department of Transportation had diminished the value of real estate formerly owned...

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