IN RE CABLE ONE CATV

Bankruptcy No. 91-12387-JEY.

169 B.R. 488 (1994)

In re CABLE ONE CATV, a Ltd Partnership, Debtor.

United States Bankruptcy Court, D. New Hampshire.

May 31, 1994.


Attorney(s) appearing for the Case

William S. Gannon, Wadleigh, Starr, Peters, Dunn & Chiesa, Manchester, NH, for debtor and Community Services of Maine.

Roger B. Godwin, Andover, NH, Home Box Office, Inc., New York City, for Town of Andover.

Robert B. Kaplan, Frandzel & Share, San Francisco, CA, for Phoenix Leasing.

Geraldine B. Karonis, Asst. U.S. Trustee, Manchester, NH, for UST.

John A. Malmberg, Castaldo, Hanna & Malmberg, Concord, NH, for Midwest Corp.

Jacob A. Manheimer, Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, ME, for Berry, Dunn McNeil & Parker and Joseph V. O'Donnell.

J. Christopher Marshall, McLane, Graf, Raulerson & Middleton, Manchester, NH, for Jerrold Communications.

Nancy Michels, Michels & Michels, Londonderry, NH, Joseph V. O'Donnell, The Pilot Group, Portland, ME, for CEA, Inc.

Charles Platto, Brooks McNally Whittington Platto & Vitt, Norwich, VT, for Jerrold Communications.

Diane Puckhaber, Rogers & Puckhaber, Concord, NH, for Susan Lundborg.

John C. Ransmeier, Ransmeier & Spellman, Concord, NH, for Joseph V. O'Donnell.

Timothy P. Smith, Manchester, NH, for Joseph V. O'Donnell.

John M. Sullivan, Sulloway, Hollis & Soden, Concord, NH, for First Carolina Cable TV, 9 L.P.

James Walter Turner, Charleston, WV, for Anixter, Bros., Inc.

Dan Callaghan, Devine, Millimet & Branch, P.A., Manchester, NH, for Phoenix Leasing, Inc.

T. Calvin Wells, Jackson, MS, for Trilogy Communications, Inc.

Michael Winograd, Concord, NH, for Gilbert Engineering Co., Inc.


MEMORANDUM OPINION

JAMES E. YACOS, Bankruptcy Judge.

This case is before the Court on remand from the United States District Court, entered April 22, 1993, in which the U.S. District Judge directed the determination by this Court of the following questions:

1. "[W]hether there was any evidence of collusion between First Carolina and the Trustee that would negate First Carolina's status as a purchaser `in good faith'"? 2. "[W]hether...

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