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IN RE HEMINGWAY TRANSPORT, INC.

Bankruptcy Nos. 82-1340-JNF, 82-1341-JNF. Adv. No. 86-1081.

174 B.R. 148 (1994)

In re HEMINGWAY TRANSPORT, INC., Bristol Terminals, Inc., Debtors. JUNIPER DEVELOPMENT GROUP, et al., Plaintiffs, v. Herbert C. KAHN, Chapter 7 Trustee, Defendant.

United States Bankruptcy Court, D. Massachusetts.

November 1, 1994.

Attorney(s) appearing for the Case

Martin P. Desmery, Craig & Macauley, Boston, MA, for sp. counsel to Chapter 7 Trustee.

Louis N. Massery, Cooley, Manion, Moore & Jones, Boston, MA, for Juniper Development Group and Trustees of Olympia Nominee Trust.

Jillian Aylward, Boston, MA.

Jon D. Schneider, Boston, MA.

MEMORANDUM

JOAN N. FEENEY, Bankruptcy Judge.

I. BACKGROUND

On July 28, 1982, Hemingway Transport, Inc. ("Hemingway") and its wholly owned subsidiary, Bristol Terminals, Inc. ("Bristol") (collectively, the "Debtors"), filed voluntary petitions under Chapter 11 of the Bankruptcy Code. The Chapter 11 cases were converted to cases under Chapter 7 in November of 1983. After notice and a hearing, in April of 1987, the two Chapter 7 estates...

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