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IN RE HEMINGWAY TRANSPORT, INC.

Civ. A. Nos. 90-10302-Z, 90-10431-Z and 90-10432-Z.

126 B.R. 656 (1991)

In re HEMINGWAY TRANSPORT, INC. and Bristol Terminals, Inc., Debtors. JUNIPER DEVELOPMENT GROUP, a Massachusetts Partnership; and George D. Whitten, Amy Whitten and Charles Whitten, as Trustees of 60 Olympia Nominee Trust, Appellants and Cross-Appellees, v. Herbert C. KAHN, Trustee for Hemingway Transport, Inc. and Bristol Terminals, Inc., Appellee and Cross-Appellant.

United States District Court, D. Massachusetts.

March 26, 1991.

Attorney(s) appearing for the Case

Louis N. Massery, Roy Patrick Giarrusso, Cooley, Manion, Moore & Jones, Boston, Mass., for appellants and cross-appellees.

William Francis Macauley, Martin P. Desmery, Craig & Macauley, Boston, Mass., for appellee and cross-appellant.

MEMORANDUM OF DECISION

ZOBEL, District Judge.

This consolidated bankruptcy appeal presents several issues of law arising out of three different decisions of the Bankruptcy Court. See In re Hemingway Transport, Inc., 108 B.R. 378 (D.Mass. 1989); 105 B.R. 171 (D.Mass.1989); 73 B.R. 494 (D.Mass.1987). Briefly, the underlying facts are these: On July 28, 1982...

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