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IN RE DEIN HOST, INC.

No. 87-1541.

835 F.2d 402 (1987)

In re DEIN HOST, INC., Debtor. Joseph D. PIGNATO, Plaintiff, Appellant. v. DEIN HOST, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 21, 1987.

Attorney(s) appearing for the Case

R. Timothy Phoenix with whom Robert A. Shaines and Shaines & McEachern Professional Ass'n, Portsmouth, N.H., were on brief, for plaintiff, appellant.

Daniel W. Sklar with whom Marc W. McDonald and Sheehan, Phinney, Bass & Green, Professional Ass'n, Manchester, N.H., were on brief, for defendant, appellee.

Before BOWNES, Circuit Judge, TIMBERS, Senior Circuit Judge, and SELYA, Circuit Judge.

SELYA, Circuit Judge.

A bit of doggerel popular in colonial times, provenance unknown, went somewhat along the following lines:

The man in the wilderness asked of me, "How many strawberries grow in the sea?" I answered him as I thought good, "As many as red herrings grow in the wood."

The verse springs readily to mind in connection with this appeal. What appeared at first blush to be a juridical jujube — a delicately...

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