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IN RE ENERGY RESOURCES CO., INC.

Bankruptcy No. 83-0060-JG, Adv. No. A83-0117.

49 B.R. 278 (1985)

In re ENERGY RESOURCES CO., INC., Debtor. ENERGY RESOURCES CO., INC., Plaintiff, v. Richard H. ROSEN and Texen Resources, Inc., Defendants.

United States Bankruptcy Court, D. Massachusetts.

May 15, 1985.

Attorney(s) appearing for the Case

John M. Stevens, Foley, Hoag & Eliot, Boston, Mass., for plaintiff.

Thomas G. Shapiro, Shapiro & Grace, Boston, Mass., for defendants.

MEMORANDUM

JAMES N. GABRIEL, Bankruptcy Judge.

Before the Court are Motions (two) to Strike Defendant's claims for a jury trial in this adversary proceeding. The debtor's complaint, by way of factual background, alleges that Richard Rosen ("Rosen"), was formerly president and a director of Erco. During his tenure, Erco had advanced Rosen over $600,000 in addition to his salary. In December 1982, immediately prior to the filing, the Board of Directors of...

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