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M.R.R. TRADERS, INC. v. CAVE ATLANTIQUE, INC.

Nos. 85-1726, 85-1727.

788 F.2d 816 (1986)

M.R.R. TRADERS, INC., Appellee, v. CAVE ATLANTIQUE, INC., Debtor, Appellant. M.R.R. TRADERS, INC., Appellee, v. Louis F. DiGIOVANNI, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 22, 1986.

Attorney(s) appearing for the Case

Stephen E. Shamban with whom Cheryl A. Salden and Loventhal & Shamban were on brief for debtor, appellant Cave Atlantique, Inc.

Vincent J. Panico and Alan M. Pampanin, on brief, for defendant, appellant Louis F. DiGiovanni.

Howard J. Wayne with whom Lawson & Wayne was, on brief, for appellee M.R.R. Traders, Inc.

Before BOWNES, ALDRICH and BREYER, Circuit Judges.

BREYER, Circuit Judge.

This case arises out of a bankruptcy judge's decision to cancel the sale of an asset (a liquor license) of the bankrupt debtor and to resell it by auction. The district court held that the bankruptcy judge erred in setting aside the already completed sale. We do not agree with the district court's conclusion.

The factual background of the case is as follows: Originally, the debtor, a wine shop called Cave Atlantique, had a contract with...

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