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IN RE COLUMBUS BROADWAY MARBLE CORP.

Bankruptcy No. 182-11321-260, Adv. No. 186-0165.

84 B.R. 322 (1988)

In re COLUMBUS BROADWAY MARBLE CORPORATION, Debtor. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Plaintiff, v. COLUMBUS BROADWAY MARBLE CORPORATION, Defendant.

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

March 22, 1988.

Attorney(s) appearing for the Case

Robert P. Herzog, New York City, for trustee.

Lane & Mittendorf by William E. Kelly, New York City, for Massachusetts Mut. Life Ins. Co.

Smyth, Lack & Novick by Donald Novick, Huntington, N.Y., for Estate of Robert J. McConnell.

DECISION AND ORDER

CONRAD B. DUBERSTEIN, Chief Judge.

Massachusetts Mutual Life Insurance Company ("Mass. Mutual") issued a life insurance policy ("policy") to the debtor, Columbus Broadway Marble Corporation ("Columbus" or "debtor"), on the life of one of the debtor's principals, Robert J. McConnell ("McConnell"). The debtor was designated in the policy as the owner and beneficiary. After the principal died, Mass. Mutual commenced an action in the state...

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