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IN RE SPG OF SCHENECTADY, INC.

Bankruptcy No. 84-11262, Adv. No. 85-1151.

79 B.R. 527 (1986)

In re SPG OF SCHENECTADY, INC., Debtor. William M. McCARTHY, trustee of the Bankrupt Estate of SPG of Schenectady, Inc., v. Edward W. COLLINS and Pamela Murray, as Trustees for the benefit of the stockholders of Col-Mur Enterprises, Inc., formerly the Crossroads Restaurant at Latham, Inc., J.T.I. Restaurants, Ltd., now known as Iaia's Crossroads Restaurant, Ltd., Key Bank, N.A., National Casualty Co. (by its officers or agent authorized by appointment or law to receive process), and United National Insurance Company, (by its officers or agent authorized by appointment or law to receive process), Defendants.

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

January 8, 1986.

Attorney(s) appearing for the Case

Ihor B. Evanick, McCarthy & Evanick, Albany, N.Y., for trustee William M. McCarthy.

Nicholas J. Criscione, Albany, N.Y., for IAIA.

Stephen A. Pechenik, Bohl, Clayton, Komar & Della Rocca, P.C., Albany, N.Y., for United.

Joseph Ball, Pattison, Sampson, Ginsberg and Griffin, P.C., Troy, N.Y., for Col-Mur.

Peter A. Pastore, R. Steven Aceti, McNamee, Lochner, Titus & Williams, P.C., Albany, N.Y., for National.

Mark L. Heller, Nolan & Heller, Albany, N.Y., for Key Bank, N.A.

MEMORANDUM-DECISION AND ORDER

JUSTIN J. MAHONEY, Bankruptcy Judge.

This adversary proceeding was filed by the trustee seeking declaratory relief that the defendant insurance companies, National Casualty Co. ("National") and United National Insurance Company ("United") honor the fire loss claims of their respective insureds, defendants Edward W. Collins and Pamela Murray, as Trustees for the benefit of the Stockholders of CoMur Enterprises, Inc. ("Col-Mur...

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