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IN RE COMMERCIAL MANAGEMENT SERVICE, INC.

Bankruptcy Nos. 89-10618-JNG, 89-10620-JNG, Adv. No. A90-1121-JNG.

127 B.R. 296 (1991)

In re COMMERCIAL MANAGEMENT SERVICE, INC., Debtor. In re FINANCIAL EQUITY SERVICE, INC., Debtor. Stephen S. GRAY, Chapter 11 Trustee of Debtor Financial Equity Service, Inc., Plaintiff, v. JEFFERSON LOAN AND INVESTMENT BANK, Defendant. RHODE ISLAND SHARE AND DEPOSIT INDEMNITY CORPORATION, Defendant and Third-Party Plaintiff, v. SHAWMUT BANK OF RHODE ISLAND, Third-Party Defendant.

United States Bankruptcy Court, D. Massachusetts.

May 17, 1991.

Attorney(s) appearing for the Case

Vincent Pisegna, Looney & Grossman, Boston, Mass., for plaintiff.

Daniel Glosband, Goodwin, Procter & Hoar, Boston, Mass., for defendant.

MEMORANDUM

JAMES N. GABRIEL, Bankruptcy Judge.

I. PROCEDURAL HISTORY

On March 10, 1989, Financial Equity Service, Inc. ("FES" or the "Debtor"), filed a petition for reorganization under Chapter 11 of the Bankruptcy Code. FES operated as a debtor-in-possession for approximately eight months. On November 21, 1989, Stephen S. Gray was appointed the Chapter 11 Trustee (the "Trustee") of FES. He initiated the above captioned adversary proceeding by filing...

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