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IN RE BROOKS FASHION STORES, INC.

Bankruptcy Nos. 87-B-12381 (CB) to 87-B-12385 (CB), Adv. No. 90-6215A.

124 B.R. 436 (1991)

In re BROOKS FASHION STORES, INC., et al., Debtors. BROOKS FASHION STORES, INC., Plaintiff, v. MICHIGAN EMPLOYMENT SECURITY COMMISSION, Defendant.

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

March 4, 1991.

Attorney(s) appearing for the Case

Willkie Farr & Gallagher by Brian E. O'Connor, New York City, for debtors.

State of Mich. Atty. Gen. by Donna K. Welch, Detroit, Mich., for Michigan Employment Sec. Com'n.

DECISION ON DEFENDANT'S MOTION FOR DISMISSAL AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

CORNELIUS BLACKSHEAR, Bankruptcy Judge.

FACTS

On December 7, 1987 (the "Filing Date"), Brooks and several of its affiliates (collectively, "Brooks" or "Debtor") filed voluntary petitions under chapter 11 of the Bankruptcy Code (the "Code"). The Debtors included Alberts, Inc., which owned stores doing business in Michigan.1 The Debtors...

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