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IN RE DAVID'S & UNIQUE EATERY

Bankruptcy No. 79-01443G, Adv. No. 86-4024.

82 B.R. 652 (1987)

In re: DAVID'S & UNIQUE EATERY, a Co-Partnership Consisting of Elsa Fairneny and David Fairneny, Debtor. Joseph B. COLLINS, Esq., Trustee of David's and Unique Eatery, a Co-Partnership Consisting of Elsa Fairneny and David Fairneny, Plaintiff, v. PUB DENNIS OF HADLEY, INC. and Dennis N. Beausoleil, Defendants.

United States Bankruptcy Court, D. Massachusetts.

July 9, 1987.

Attorney(s) appearing for the Case

Jonathan Sapirstein, Kamberg, Berman & Gold, Springfield, Mass., for Joseph B. Collins, Trustee plaintiff.

Paul D. Gallese, Shocket, Dockser & Associates, Natick, Mass., for Pub Dennis of Hadley, Inc. and Dennis N. Beausoleil/defendants.

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

Motions for summary judgment with respect to two counts of the complaint raise issues under contract law concerning impracticability of performance, as well as issues under corporate law as to liability of a corporate promoter and liability of the corporation under de facto existence and under subsequent de jure existence.

The material facts are not in dispute. On January 11, 1985, Joseph...

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