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IN RE CUMBERLAND FARMS, INC.

Bankruptcy No. 92-41305-JFQ. Adv. Nos. 93-4210, et al.

175 B.R. 138 (1994)

In re CUMBERLAND FARMS, INC., Debtor. CUMBERLAND FARMS, INC., Plaintiff, v. TOWN OF BARNSTABLE, Town of Brockton, Town of Brookline, Town of Canton, Town of Chelsea, Town of Dedham, City of Fall River, Town of Halifax, Town of Hudson, Town of Hampden, Town of Lexington, City of New Bedford, Town of Wellesley, Town of Westborough, Defendants.

United States Bankruptcy Court, D. Massachusetts.

December 15, 1994.

Attorney(s) appearing for the Case

Barbara Gilmore, Sullivan & Worcester, Boston, MA, for Cumberland Farms, Inc.

Victor Bass, Friedman & Atherton, Boston, MA, for The Municipalities of Barnstable, Brockton, Brookline, Canton, Chelsea, Dedham, Fall River, Halifax, Hudson, Hampden, Lexington, New Bedford, Wellesley and Westborough.

OPINION

JAMES F. QUEENAN, Jr., Chief Judge.

Cumberland Farms, Inc. (the "Debtor") has brought these proceedings against thirteen Massachusetts municipalities and one Maine municipality to contest the valuations of some forty-seven parcels of real estate. At issue are real estate taxes for fiscal years 1988 through 1993, all of which have been paid except the 1992 taxes. Also contested is the rate of interest on the 1992 taxes. The municipalities move...

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