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IN RE WINGSPREAD CORP.

Bankruptcy No. 87B10619-30, Adv. No. 88-5624A.

107 B.R. 456 (1989)

In re WINGSPREAD CORP., et al., Debtors. CAROL RUTH, INC., Plaintiff, v. WINGSPREAD CORP. and Paul Jones, Defendants.

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

July 13, 1989.

Attorney(s) appearing for the Case

Carolan, Sullivan & Greeley by Christopher Sullivan, Boston, Mass., for Paul Jones.

Daniel A. Zimmerman, New York City, for Carol Ruth, Inc.

Fried, Frank, Harris, Schriver & Jacobson by Brent Friedman, New York City, for debtor.

DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT

TINA L. BROZMAN, Bankruptcy Judge.

At issue on this motion for summary judgment are the intent and meaning of a postpetition contract, now alleged to be a financing arrangement, drafted without the participation of the debtor's counsel and never submitted for court approval. This dispute is yet another in the many spawned by the actions of the debtor's former chief executive officer and chairman, Norman Hinerfeld...

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