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IN RE TMH CORP.

Bankruptcy No. 84 B 10907 (PA), Adv. No. 84-6160A.

62 B.R. 932 (1986)

In re TMH CORPORATION, d/b/a Holbrook's, Debtor. TMH CORPORATION, d/b/a Holbrook's, Plaintiff, v. 1313 THIRD REST. INC. and Louis Katz, Defendants.

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

July 11, 1986.

Attorney(s) appearing for the Case

Finkel, Goldstein & Berzow, New York City by Neal Rosenbloom, for debtor-plaintiff.

Isaac Nutovic, New York City, Trustee.

Gerst & Pullin, Garden City, N.Y., by Allan L. Pullin, for defendants.

MEMORANDUM DECISION ON MOTION FOR SUMMARY JUDGMENT

PRUDENCE B. ABRAM, Bankruptcy Judge.

On June 19, 1984, TMH Corporation, d/b/a Holbrook's ("TMH") filed a voluntary petition under Chapter 11 of the Bankruptcy Code and continued as a debtor-in-possession. Thereafter, on or about September 21, 1984 TMH instituted this adversary proceeding seeking (i) a declaratory judgment to determine the validity, priority and extent...

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