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IN RE DENBY STORES, INC.

Bankruptcy No. 82 B 10154 (TLB), Adv. No. 86-5148A.

86 B.R. 768 (1988)

In re DENBY STORES, INC., Debtor. Robert M. FISHER, as Trustee of Denby Stores, Inc., Plaintiff, v. The OUTLET COMPANY, United Department Stores, Inc., et al., Defendants.

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

As Corrected May 16, 1988.

Attorney(s) appearing for the Case

Bertram Goldstein, New York City, Special Counsel to Trustee.

Latham & Watkins by Robert J. Rosenberg, David G. Smith, New York City, for The Outlet Co.

DECISION AND ORDER ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT

TINA L. BROZMAN, Bankruptcy Judge.

Robert M. Fisher, chapter 7 trustee (Trustee) of Denby Stores, Inc. (Denby), requests partial summary judgment on his eighth cause of action in this adversary proceeding and on his objection to the proofs of claim filed by The Outlet Company (Outlet).

I.

On January 25, 1982, Denby filed a petition for relief under chapter 11 of the Bankruptcy Code...

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