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IN RE COMMODORE BUSINESS MACHINES, INC.

Bankruptcy No. 94 B 42187 (JLG). Adv. No. 94-9238A.

180 B.R. 72 (1995)

In re COMMODORE BUSINESS MACHINES, INC., Debtor. ALLEN-BRADLEY COMPANY, INC., Plaintiff, v. COMMODORE BUSINESS MACHINES, INC., Defendant.

United States Bankruptcy Court, S.D. New York.

April 11, 1995.

Attorney(s) appearing for the Case

Zalkin, Rodin & Goodman, New York City, for plaintiff Allen-Bradley Co., Inc.

Kaye, Scholer, Fierman, Hays & Handler, New York City, for defendant Commodore Business Machines, Inc.

MEMORANDUM DECISION ON MOTION TO DISMISS COMPLAINT

JAMES L. GARRITY, Jr., Bankruptcy Judge.

Allen-Bradley, Inc. ("Allen-Bradley") commenced this adversary proceeding to impose a constructive trust upon the proceeds realized by Commodore Business Machines, Inc. ("Commodore") from the court authorized sale of its factory located in Norristown, Pennsylvania, the contents thereof, and the 13.5 acres of real property on which it sits. [Hereinafter, the...

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