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IN RE WEBBER LUMBER & SUPPLY CO., INC.

Bankruptcy No. 90-40918JFQ, Adv. No. 91-4089.

134 B.R. 76 (1991)

In re WEBBER LUMBER & SUPPLY CO., INC., Debtor. WEBBER LUMBER & SUPPLY CO., INC., Plaintiff, v. TRUCKLEASE CORPORATION, Defendant.

United States Bankruptcy Court, D. Massachusetts.

November 19, 1991.

Attorney(s) appearing for the Case

John J. Monaghan, Boston, Mass., for debtor/plaintiff.

John F. Murphy, Worcester, Mass., for Trucklease Corp/defendant.

OPINION

JAMES F. QUEENAN, Jr., Chief Judge.

This is a suit between a bankruptcy estate and a lessee in possession of estate real estate. The debtor, as estate representative, seeks through its "strong-arm" powers to avoid the lease, and the option to purchase granted thereunder, for lack of recording. Webber Lumber & Supply Co., Inc. (the "Debtor"), moves for summary judgment against the lessee, Trucklease Corporation...

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