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IN RE U.S. BEDDING CO., INC.

Bankruptcy Nos. LA 83-22062-JD to LA 83-22064-JD and LA 83-23421-JD, Adv. No. LA 84-50711-JD.

52 B.R. 875 (1985)

In re The UNITED STATES BEDDING COMPANY, INC., a Minnesota corporation, and affiliated companies, Debtor. The ENGLANDER COMPANY, INC., a Minnesota corporation, Plaintiff, v. CITY MATTRESS OF AMHERST, INC., aka City Mattress, Inc., a New York corporation, Defendant.

United States Bankruptcy Court, C.D. California.

September 18, 1985.

Attorney(s) appearing for the Case

Buchalter, Nemer, Fields, Chrystie & Younger, Los Angeles, CA, for plaintiff.

Joel L. Daniels, Buffalo, N.Y., for defendant.

MEMORANDUM OF DECISION

JAMES R. DOOLEY, Bankruptcy Judge.

In this action plaintiff seeks to recover $44,820.00 plus interest for goods sold and delivered or alternatively, on an "account stated" or an "open book account". At trial it was stipulated on the record that during the period from September 26, 1983 through October 27, 1983 plaintiff manufactured and shipped to the defendant merchandise valued and invoiced at $43,910.00; and plaintiff failed to...

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