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IN RE BRODERICK CO., INC.

Bankruptcy No. 92-11974-CJK. Adv. No. A94-1144.

177 B.R. 430 (1995)

In re BRODERICK CO., INC., Debtor. Joseph BRAUNSTEIN, Chapter 7 Trustee of Broderick Co., Inc., Plaintiff, v. UIU HEALTH AND WELFARE FUND, Defendant.

United States Bankruptcy Court, D. Massachusetts.

February 9, 1995.

Attorney(s) appearing for the Case

Christopher T. Vrountas, Boston, MA, for plaintiff.

Joseph G. Butler, Boston, MA, for defendant.

MEMORANDUM OF DECISION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

CAROL J. KENNER, Bankruptcy Judge.

The principal issue presented in this adversary proceeding is whether health benefits provided by a Union-created employee benefit trust to the Debtor's employees are "new value ... for the benefit of the debtor" within the meaning of 11 U.S.C. § 547(c)(4), the "subsequent new value" defense, where the collective bargaining agreement between...

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