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IN RE HYPERION ENTERPRISES, INC.

Bankruptcy No. 91-12630, Adv. No. 92-1030.

149 B.R. 281 (1993)

In re HYPERION ENTERPRISES, INC., Debtor. Arnold L. BLASBALG, Trustee, Plaintiff, v. Thomas TARRO, Individually and d/b/a Telesis Financial Service, Defendant.

United States Bankruptcy Court, D. Rhode Island.

January 14, 1993.

Attorney(s) appearing for the Case

Matthew J. McGowan, Salter, McGowan, Swartz & Holden, Inc., Amedeo C. Merolla, Asquith, Merolla, Anderson Archetto & Kane, Providence, RI, for Trustee.

Robert D. Wieck, MacAdams & Wieck Inc., Providence, RI, for defendant.

David J. McOsker, McOsker, Davignon & Waldman, Providence, RI, for Modern Plastics, Inc.

DECISION AND ORDER

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Heard on December 2, 1992 on three separate pleadings: (1) Motion of creditor Thomas Tarro (Tarro) to adjudge the Trustee in contempt; (2) Trustee's Petition for Instructions; and (3) Motion of Modern Plastics for relief from stay. At the close of the hearing, Tarro submitted a legal memorandum addressing the application of the doctrine of res judicata regarding his motion to adjudge the Trustee in...

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