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SPENCER COMPANIES v. CHASE MANHATTAN BANK, N.A.

Civ. No. 87-0911-C.

81 B.R. 194 (1987)

SPENCER COMPANIES, INC., Plaintiff, v. CHASE MANHATTAN BANK, N.A. and Chase National Corporate Services, Inc., Defendants.

United States District Court, D. Massachusetts.

December 1, 1987.

Attorney(s) appearing for the Case

Paul D. Moore, Toni G. Wolfman, Foley Hoag & Eliot, Boston, Mass., for plaintiff.

Robert M. Buchanan, Choate, Hall & Stewart, Boston, Mass., Andrew J. Connick, Barry G. Radick, Nader M. Tavakoli, Milbank, Tweed, Hadley and McCoy, New York City, for defendants.

MEMORANDUM

CAFFREY, Senior District Judge.

This action is before the Court on the defendants' motion for dismissal of Counts II, III, IV, VI, VII and VIII of the plaintiff's complaint. In addition, the defendants have moved for dismissal of Count IX, or in the alternative, summary judgment.

Factual Background

Plaintiff, Spencer Companies, Inc. ("Spencer"), is a Massachusetts corporation involved primarily in the footwear business....

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