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SEARS ROEBUCK & CO. v. C.W. SEARS REAL ESTATE

No. 86-CV-1142.

686 F.Supp. 385 (1988)

SEARS, ROEBUCK AND CO., Plaintiff, v. CHARLES W. SEARS REAL ESTATE, INC. d/b/a Sears Real Estate, and Charles W. Sears, Defendants.

United States District Court, N.D. New York.

June 23, 1988.

Attorney(s) appearing for the Case

Nims Howes Collison & Isner, New York City, Hancock and Estabrook, Syracuse, N.Y., for plaintiff.

Charles W. Sears, Utica, N.Y., pro se.

Geoffrey A. Hampton, Utica, N.Y., for defendant Charles W. Sears Real Estate, Inc.; William R. Hansen, Bruce G. Soden, of counsel.

MEMORANDUM-DECISION AND ORDER

MUNSON, Chief Judge.

In an order dated May 4, 1988, as corrected by an order dated May 10, 1988, the court denied defendants' motion for leave to proceed in forma pauperis. In that order, the court focused on the financial condition of defendant Charles W. Sears ("Sears"), and did not consider whether the financial condition of Sears' wholly-owned corporation, Charles W. Sears Real Estate, Inc. ("The Company"), was such...

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