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IN RE PHOTO PROMOTION ASSOCIATES, INC.

Bankruptcy No. 84 B 20417, Adv. No. 87 Adv. 6001.

72 B.R. 606 (1987)

In re PHOTO PROMOTION ASSOCIATES, INC., Debtor. Jeffrey L. SAPIR, Trustee in Bankruptcy of Photo Promotion Associates, Inc., Plaintiff, v. COPPINGER COLOR LAB, INC., Defendant.

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

April 30, 1987.

Attorney(s) appearing for the Case

Siegel, Sommers & Schwartz, New York City, for trustee and plaintiff; Leonard Schwartz, of counsel.

Brown, Dobson, Burnette & Kesler, Chattanooga, Tenn., for CPQ Colorchrome Corp.; Scott N. Brown, Jr., of counsel.

Warshavsky, Hoffman & Cohen, P.C., New York City, for CPQ Colorchrome Corp.; Stephen D. Hoffman, of counsel.

DECISION ON TRUSTEE'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND FOR A DISMISSAL OF DEFENDANT'S COUNTERCLAIM

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The trustee in bankruptcy in this converted Chapter 7 case has moved for partial summary judgment pursuant to Bankruptcy Rule 7056 and Fed.R.Civ.P. 56 for an order dismissing the defendant's second and third counterclaims contained in paragraphs 15 and 16 of the answer on the ground that the defendant cannot assert...

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