MATTER OF UNITED STATES MACH. TOOLS, INC.

Bankruptcy No. 2-82-00104, Adv. No. 2-83-0266.

59 B.R. 470 (1985)

In the Matter of UNITED STATES MACHINE TOOLS, INC., f.k.a. D & D Electronics, Inc., Debtor. UNITED STATES MACHINE TOOLS, INC., (f.k.a. D & D Electronics, Inc.), Plaintiff, v. FIRST UNION COMMERCIAL CORPORATION (f.k.a. First Union Caesar Corporation), Defendant. FIRST UNION COMMERCIAL CORPORATION (f.k.a. First Union Caesar Corporation), Counterclaimant, v. UNITED STATES MACHINE TOOLS, INC., (f.k.a. D & D Electronics, Inc.), Numex Corporation, David W. Duquette, James F. Duquette, and William J. Laskarzewski, Counterclaim Defendants.

United States Bankruptcy Court, D. Connecticut.

June 19, 1985.


Attorney(s) appearing for the Case

Lissa J. Paris, and John C. Yavis, Jr., Murtha, Cullina, Richter & Pinney, Hartford, Conn., for debtor-plaintiff.

Bourke G. Spellacy, Deborah Monteith and Cameron L. Cowan, Updike, Kelly & Spellacy, P.C., Hartford, Conn., for defendant and counterclaimant.

Paul H. Lichtenberger, and Jerome D. Elbaum, Blume & Elbaum, Hartford, Conn., for David W. Duquette, James F. Duquette and William J. Laskarzewski, counterclaim defendants.


MEMORANDUM AND ORDER ON CROSS MOTIONS FOR PARTIAL SUMMARY JUDGMENT

ROBERT L. KRECHEVSKY, Bankruptcy Judge.

I.

United States Machine Tools, Inc. (USMT), following confirmation of its plan,1 instituted an eight-count complaint on June 24, 1983, in the bankruptcy court against First Union Commercial Corporation (First Union). First Union answered the complaint and filed a counterclaim against USMT and four other counterclaim...

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