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IN RE 10TH AVE. RECORD DISTRIBUTORS, INC.

No. 88 Civ. 7204.

97 B.R. 163 (1989)

In re 10TH AVENUE RECORD DISTRIBUTORS, INC., Debtor. A. Mitchell GREEN, as Trustee in Bankruptcy of the Estate of 10th Avenue Record Distributors, Inc., Plaintiff, v. BATE RECORDS, INC., Defendant.

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

March 17, 1989.

Attorney(s) appearing for the Case

Sherman, Citron & Karasik, P.C., New York City, for plaintiff; Brian W. Guillorn, of counsel.

Borstein & Sheinbaum, New York City, for defendant; James B. Sheinbaum, of counsel.

MEMORANDUM AND ORDER

OWEN, District Judge:

Bate Records, Inc., brings this appeal of the bankruptcy court's decision of August 22, 1988, denying Bate's motion for summary judgment. Bate is a retailer of records and tapes. Although established as a corporate entity separate from that of 10th Avenue, a record and tape wholesaler and Chapter 7 debtor in this action, 10th Avenue's trustee in bankruptcy alleges that Bate has been used by one Torres, a 100% shareholder...

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