IN RE 1733 RIDGE ROAD EAST, INC.

No. CIV-91-6065.

125 B.R. 722 (1991)

In re 1733 RIDGE ROAD EAST, INC. d/b/a Dodgetown, Debtor. Robert S. COOPER, Trustee of 1733 Ridge Road East, Inc., Plaintiff, v. Jack W. HOWITT, John C. Seefried, Arman R. Simone, Elliot Landsman a/k/a Elliott Landsman, Seymour Morris, Alan Bartholomew, Beatrice Howitt, Dama Jung, Jerry Hurwitz and Bartram Levenson, Defendants.

United States District Court, W.D. New York.

April 8, 1991.


Attorney(s) appearing for the Case

Jeffrey Baker, Harris, Beach & Wilcox, Rochester, N.Y., for plaintiff.

Norman Spindelman, Fix, Spindelman, Turk, Himelein & Shukoff, Rochester, N.Y., for defendants.


AMENDED DECISION AND ORDER

TELESCA, Chief Judge.

INTRODUCTION

This is an adversary proceeding brought by the trustee in bankruptcy in In re 1733 Ridge Road East. Inc. d/b/a Dodgetown, Bk. No. 90-21442. The debtor corporation ("Dodgetown") was an auto dealership. The defendants are 10 shareholders in the debtor corporation who allegedly signed promissory notes to infuse capital, up to a combined total of $300,000, into Dodgetown. They move...

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