IN RE KEY BOOK SERVICE, INC.

Bankruptcy Nos. 5-89-00287, 5-89-00374, Adv. Nos. 5-89-0094, 5-89-0095.

114 B.R. 344 (1990)

In re KEY BOOK SERVICE, INC., t/a M & B Fulfillment Service & Books Unlimited, Debtor. REGNERY-GATEWAY, INC., Architectural Book Publishing Company, Inc., Bicycle Books Publishing, Inc., Chiron Publications, Clear Light Publications, Inc., Congressional Quarterly Inc., Council on Foreign Relations, DC Heath and Company, Farragut Publishing, Fromm International Publishing Corporation New York, Garland Publishing Inc., Gemstone Press Publishers, Green Hill Publishers, Inc., Greenwood Press, Inc., the Harvard Common Press, Hill & Company, Publishers, Institute for Contemporary Studies, Institute for Media Analysis, International Broadcasting Services, Ltd., Jameson Books, the Kiplinger Washington Editors, Inc., Larson Publications, Leobuchlung, Lime Tree Publications, Marion Boyars Publishers Ltd., Mustang Publishing, Owl Creek Publishing, Inc., Pergamon-Brassey's International Defense Publishers, Inc., Rowan Tree Press, Ruggles De Latour, Inc., Thomas Reed, Warman Publishing Co., Inc., and World Leisure Corporation, on their own behalf and on behalf of the entire class of entities similarly situated, Plaintiffs, v. KEY BOOK SERVICE, INC. d/b/a M & B Fulfillment Services, Kampmann and Company, Inc., and Connecticut Bank and Trust Company, N.A., Defendants. In re KAMPMANN AND COMPANY, INC. a/k/a Kampmann Distribution Services, Kampmann Book Distribution Co., Debtor. REGNERY-GATEWAY, INC., Architectural Book Publishing Company, Inc., Bicycle Books Publishing, Inc., Chiron Publications, Clear Light Publications, Inc., Congressional Quarterly Inc., Council on Foreign Relations, DC Heath and Company, Farragut Publishing, Fromm International Publishing Corporation New York, Garland Publishing Inc., Gemstone Press Publishers, Green Hill Publishers, Inc., Greenwood Press, Inc., the Harvard Common Press, Hill & Company, Publishers, Institute for Contemporary Studies, Institute for Media Analysis, International Broadcasting Services, Ltd., Jameson Books, the Kiplinger Washington Editors, Inc., Larson Publications, Leobuchlung, Lime Tree Publications, Marion Boyars Publishers Ltd., Mustang Publishing, Owl Creek Publishing, Inc., Pergamon-Brassey's International Defense Publishers, Inc., Rowan Tree Press, Ruggles De Latour, Inc., Thomas Reed, Warman Publishing Co., Inc., and World Leisure Corporation, on their own behalf and on behalf of the entire class of entities similarly situated, v. KAMPMANN AND COMPANY, INC., and Connecticut Bank and Trust Company, N.A., Defendants.

United States Bankruptcy Court, D.Connecticut.

May 16, 1990.


Attorney(s) appearing for the Case

Tracy Alan Saxe, Sachs, Berman, Rashba & Shure, P.C., New Haven, Conn., for plaintiffs.

Craig I. Lifland, Zeisler & Zeisler, P.C., Bridgeport, Conn., for Kampmann and Co., Inc.

Barbara H. Katz, Schatz & Schatz, Ribicoff & Kotkin, Hartford, Conn., for Connecticut Bank and Trust Co., N.A.


MEMORANDUM AND DECISION ON MOTIONS FOR SUMMARY JUDGMENT

ALAN H.W. SHIFF, Bankruptcy Judge.

On April 26, 1989, the plaintiffs commenced these adversary proceedings which seek declaratory judgments that the defendants have no interest in unsold books and accounts receivable from books that were sold. On March 12 and 14, 1990, the plaintiffs filed the instant motions for summary judgment, claiming that the material facts necessary for the conclusion that the...

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