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IN RE WILLIAM B. KESSLER, INC.

Bankruptcy No. 80 B 11966, Adv. No. 82 5332 A.

43 B.R. 730 (1984)

In re WILLIAM B. KESSLER, INC., Debtor. TUMINI ENTERPRISES, INC., Plaintiff, v. WILLIAM B. KESSLER, INC. and Heritage Bank, N.A., Defendants. HERITAGE BANK, N.A., Third-Party Plaintiffs, v. ADAMS & REHMANN, INC., and Adams, Rehmann & Heggan Associates, Inc., Third-Party Defendants.

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

November 5, 1984.

Attorney(s) appearing for the Case

Fellheimer, Eichen & Goodman, Westmont, N.J., for plaintiff Tumini Enterprises, Inc.

Levin & Weintraub & Crames, New York City, for debtor.

Crummy, Del Deo, Dolan & Purcell, Newark, N.J., for defendant and third-party plaintiff Heritage Bank, N.A.

Morris, Graham, Stephens & McMorrow, Jericho, N.Y., for third-party defendants Adams & Rehmann, Inc. and Adams, Rehmann & Heggan Associates, Inc.

DECISION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT

EDWARD J. RYAN, Bankruptcy Judge.

On November 21, 1980, William Kessler, Inc., (debtor) filed a petition under Chapter 11 of the Bankruptcy Code. No trustee has been appointed, and the debtor remained in possession.

In a written agreement dated September 21, 1981 and amended September 24, 1981 (Agreement), the debtor agreed to sell to Tumini Enterprises, Inc. (TEI) real property owned by the...

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