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IN RE MASTERS, INC.

No. CV 92-3837.

149 B.R. 289 (1992)

In re MASTERS, INC., Debtor. Frank T. SACCURATO, Jr., creditors' trustee of Mars Stores, Inc., Gaynes Department Stores, Inc., Mars Leasing Co., Inc. and Big Value Outlets, Inc., Appellant, v. MASTERS, INC., Debtor-Appellee.

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

December 18, 1992.

Attorney(s) appearing for the Case

Parker, Chapin, Flattau & Klimpl by Barry J. Brett, New York City, for Masters, Inc.

Cohn, Roitman & Kelakos by Michael B. Roitman, Boston, MA, Kaye, Scholer, Fierman, Hays & Handler by Lisa M. Solomon, New York City, for Saccurato, et al.

MEMORANDUM AND ORDER

WEXLER, District Judge.

On October 24 and December 17, 1990, the late Hon. James N. Gabriel, Chief Judge of the United States Bankruptcy Court for the District of Massachusetts, conducted a trial in an adversary proceeding between Mars Stores, Inc. ("Mars" or "appellant"), and Masters, Inc. ("Masters" or "appellee") in which Mars, who had previously filed for Chapter 11 bankruptcy protection, sought to recover in excess of $5,000,000...

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