IN RE MARTIN SPECIALTY VEHICLES, INC.

Bankruptcy Nos. 86-40095, 86-40096, Adv. No. 86-4012.

87 B.R. 752 (1988)

In re MARTIN SPECIALTY VEHICLES, INC., and M.S.V., Inc., Debtors. M.S.V., INC., Martin Specialty Vehicles, Inc., Carole Martin, Plaintiffs, v. BANK OF BOSTON — WESTERN MASSACHUSETTS, N.A., Defendants.

United States Bankruptcy Court, D. Massachusetts.

June 16, 1988.


Attorney(s) appearing for the Case

David Nickless, Nickless & Phillips, Fitchburg, Mass., for, M.S.V., Inc./debtor plaintiff, Martin Specialty Vehicles, Inc. plaintiff, Carol Martin/plaintiff, Thomas Strahs/plaintiff.

Maurice Cahillane, Egan, Flanagan & Egan., Springfield, Mass., for Bank of Boston-Western Mass. defendant.


OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

This is a complaint by a corporation and its principal stockholder alleging a wrongful foreclosure by the corporation's lender, Bank of Boston — Western Massachusetts, N.A. (the "Bank"), which caused the termination of its business. The case was tried under three theories outlined in the plaintiffs' opening: that the corporation's loans were not in default; that the Bank had no security interest in...

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