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IN RE HEMINGWAY TRANSPORT, INC.

Bankruptcy Nos. 82-1340-JNG, 82-1341-JNG, Adv. No. 86-1081.

105 B.R. 171 (1989)

In re HEMINGWAY TRANSPORT, INC., Bristol Terminals, Inc., Debtors. JUNIPER DEVELOPMENT GROUP, a Massachusetts Partnership and George D. Whitten, Amy Whitten and Charles Whitten as Trustees of 60 Olympia Nominee Trust, Plaintiffs, v. Herbert C. KAHN, Trustee for Hemingway Transport, Inc., and Bristol Terminals, Inc., Defendants. Herbert C. KAHN, Trustee for Hemingway Transport, Inc. and Bristol Terminals, Inc., Third-Party Plaintiffs, v. WOBURN ASSOCIATES, Third-Party Defendant.

United States Bankruptcy Court, D. Massachusetts.

September 13, 1989.

Attorney(s) appearing for the Case

Louis N. Massery, Cooley, Manion, Moore & Jones, Boston, Mass., for plaintiffs.

William F. Macauley, Craig and Macauley, Boston, Mass., for trustee (defendant and third-party plaintiff).

Thomas V. Urmy, Jr., Shapiro, Grace & Haber, Boston, Mass., for third party defendant.

MEMORANDUM

JAMES N. GABRIEL, Chief Judge.

I. INTRODUCTION

On June 6, 1989, the Trustee filed a single pleading captioned "Motion for Reconsideration or, in the Alternative, Clarification of Administrative Expense Ruling, and Motion for Summary Judgment on Scope of Claim for Future Response Costs." The plaintiffs in this protracted adversary proceeding, Juniper Development Group and the trustees of the 60 Olympia Avenue Nominee Trust (collectively...

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