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IN RE WINSTON INN & RESTAURANT CORP.

Bankruptcy No. 182-10141-353, Adv. No. 884-0314.

104 B.R. 589 (1989)

In re WINSTON INN & RESTAURANT CORP., Debtor. WINSTON INN & RESTAURANT CORP., Plaintiff, v. Agosto DeMICHIEL, Alfons O. Krautz, and Donald H. Capobianco, Defendants.

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

September 8, 1989.

Attorney(s) appearing for the Case

Neal M. Rosenbloom and Kevin J. Nash, Finkel, Goldstein & Berzow, New York City, for debtor.

Louis P. Rosenberg, Rosenberg, Rosenberg & Koral, Brooklyn, N.Y., for Donald Capobianco.

Nathan M. Ferst, New York City, for Agosto DeMichiel.

John M. Murray, Steckler, Gutman, Morrisey & Murray, New York City, for Alfons O. Krautz.

MEMORANDUM DECISION AND ORDER

JEROME FELLER, Bankruptcy Judge.

We dispose here of an unusual claim which culminates an unusually drawn out and unsuccessful Chapter 11 case. This adversary proceeding is essentially a contract action commenced by Debtor against proposed purchasers of the Debtor's restaurant business, for damages incurred as a result of the Defendants' failure to use their best efforts to satisfy a condition precedent to the sale, the acquisition...

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