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IN RE 29 NEWBURY STREET, INC.

No. 87-2100.

856 F.2d 424 (1988)

In re 29 NEWBURY STREET, INC., Debtor. SAUNDERS & ASSOCIATES, Plaintiff, Appellant, v. 29 NEWBURY STREET, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 12, 1988.

Rehearing Denied October 5, 1988.

Attorney(s) appearing for the Case

Alvin S. Nathanson with whom Nathanson & Goldberg, P.C., John S. Rodman and Gargill, Sassoon & Rudolph, Boston, Mass., were on brief, for plaintiff, appellant.

Robert Owen Resnick with whom Cullen & Resnick, Charlestown, Mass., was on brief, for defendant, appellee.

Before BOWNES, BREYER and TORRUELLA, Circuit Judges.

BREYER, Circuit Judge.

When a firm enters bankruptcy, Section 362 of the Bankruptcy Code, 11 U.S.C. § 362 (1982 & Supp. VI 1988), automatically stays litigation against it in other courts, though the bankruptcy judge may lift the stay for "cause." Id. In this case, Saunders Associates, a landlord's agent, asked the bankruptcy court to lift the stay to allow it to evict a tenant (the debtor in bankruptcy) called 29 Newbury Street Inc. (whom we shall...

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