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IN RE MAX SUGARMAN FUNERAL HOME, INC.

Bankruptcy Nos. 82-00568, 82-00569, Adv. No. 82-0405.

149 B.R. 274 (1992)

In re MAX SUGARMAN FUNERAL HOME, INC., E.M.B. Associates, Inc., Debtors. Jason MONZACK, Trustee, Plaintiff, v. A.D.B. INVESTORS, Bristol Associates, Inc. and Dade Service Company, Defendants.

United States Bankruptcy Court, D. Rhode Island.

December 30, 1992.

Attorney(s) appearing for the Case

Z. Hershel Smith, DiSandro-Smith Associates, Inc., Providence, RI, for Trustee.

Robert D. Wieck, MacAdams & Wieck, Inc., Providence, RI, for A.D.B. Investors.

Jason Monzack, Chapter 7 Trustee, Kirshenbaum & Kirshenbaum, Cranston, RI.

DECISION AND ORDER ON FIRST CIRCUIT COURT OF APPEALS' REMAND

ARTHUR N. VOTOLATO, Bankruptcy Judge.

I. TRAVEL AND BACKGROUND

The travel of this aging adversary proceeding is lengthy and circuitous. On October 21, 1988, we issued our initial decision subordinating the "claim"1 of ADB Investors ("ADB") to the claims of debenture holders who invested or renewed after 1977. On appeal...

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