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IN RE MID CAPE GRAIN, INC.

Bankruptcy No. 93-13167-WCH. Adv. No. 95-1064.

185 B.R. 403 (1995)

In re MID CAPE GRAIN, INC., Debtor. ARGUS MANAGEMENT CORPORATION, Trustee of the Mid Cape Trust, Plaintiff, v. FIRST NATIONAL BANK OF BOSTON, Defendant.

United States Bankruptcy Court, D. Massachusetts.

August 17, 1995.

Attorney(s) appearing for the Case

Jeffrey M. Snider, Boston, MA, for trustee.

Gary W. Cruikshank, Boston, MA, for Hall Karts, Inc.

Frederick D. Grant, Jr., Boston, MA, for Austin E. Nydam.

DECISION REGARDING MOTIONS TO DISMISS AND MOTION FOR SUMMARY JUDGMENT

WILLIAM C. HILLMAN, Bankruptcy Judge.

This adversary proceeding seeks an order requiring the marshaling of assets. The facts more fully appear in the following discussion, which constitutes my findings of fact and conclusions of law.

The Debtor, Mid Cape Grain, Inc. ("Mid Cape") filed for protection under Chapter 11 of the Bankruptcy Code. The First National Bank of Boston ("Bank...

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