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IN RE HEMINGWAY TRANSPORT, INC.

Bankruptcy Nos. 82-01340-JNG, 82-01341-JNG, Adv. No. A86-1081-JNG.

70 B.R. 549 (1987)

In re HEMINGWAY TRANSPORT, INC., Bristol Terminals, Inc., Debtors. JUNIPER DEVELOPMENT GROUP, A Massachusetts Partnership and George D. Whitten, Amy Whitten and Charles Whitten as Trustees of the 60 Olympia Nominee Trust, Plaintiffs, v. Herbert KAHN, Trustee for Hemingway Transport, Inc. and Bristol Terminals, Inc., Defendants.

United States Bankruptcy Court, D. Massachusetts.

March 2, 1987.

Attorney(s) appearing for the Case

Louis N. Massery, Cooley, Manion, Moore & Jones, P.C., Boston, Mass., for Juniper Development.

Andrew S. Hogeland, Asst. U.S. Atty., Boston, Mass., for U.S. Dept. of E.P.A.

Judy Mencher, Goodwin, Procter & Hoar, Boston, Mass., for trustee.

JAMES N. GABRIEL, Chief Judge.

BACKGROUND

The above named plaintiffs (the "plaintiff" or "Juniper"), on May 8, 1986, commenced this adversary proceeding against Herbert Kahn, the Chapter 7 Trustee of Bristol Terminals, Inc. and Hemingway Transport, Inc. (collectively, the "Debtor" or "Hemingway").1 In its complaint, Juniper alleges inter alia 1) that the Debtor, on or about May 18, 1983, while in Chapter 11,

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