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IN RE GOLDEN DISTRIBUTORS, LTD.

Bankruptcy Nos. 90 B 21146-90 B 21149 and 91 ADV. 6167.

134 B.R. 750 (1991)

In re GOLDEN DISTRIBUTORS, LTD., Capital Cigar and Tobacco Company, Incorporated, et al., Debtors. GOLDEN DISTRIBUTORS, LTD., Capital Cigar and Tobacco Company, Incorporated, Plaintiffs, v. AUBURN MERCHANDISING DISTRIBUTORSHIP, INC., Three Unknown Officers/Directors/Employees of Auburn Merchandise Distributors, Inc., Joseph Pelletier, Michael Benson, John Fanning, Albert Haslam, Robert Hornby, Anthony Mambro, Beverly Mello, James O'Neill, Luke Regan, and Francis Sullivan, Defendants.

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

November 12, 1991.

Attorney(s) appearing for the Case

Summit Solomon & Feldesman, New York City (John L. Amabile and Anna M. Hanrahan, of counsel), for plaintiffs.

Snow Becker Krauss P.C., New York City (Alan Van Praag, Francis V. Imbornone, and William D. Hummell, of counsel), for defendants.

DECISION ON MOTION FOR PRELIMINARY INJUNCTION

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The debtor, Golden Distributors, Ltd. ("Golden"), seeks a preliminary injunction restraining the defendants, Auburn Merchandise Distributors, Inc. ("AMD"), and ten former employees of the debtor now employed by AMD from unfairly competing with the debtor and soliciting business from customers who formerly dealt with the debtor. The requested preliminary injunctive relief...

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