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IN RE CALORE EXP. CO., INC.

Bankruptcy No. 95-13291-JNF.

199 B.R. 424 (1996)

In re CALORE EXPRESS COMPANY, INC., Debtor.

United States Bankruptcy Court, D. Massachusetts.

August 21, 1996.

Attorney(s) appearing for the Case

Harold Murphy, Hanify & King, Boston, MA, for Debtor.

Henry Riordan, Charles Cannon and Susan Postwistilo, U.S. Dept. of Justice, Washington, DC, for USA/Internal Revenue Service.

Joel Rosenthal, Shapiro, Israel & Weiner, P.C., Boston, MA, for Fleet National Bank.

MEMORANDUM

JOAN N. FEENEY, Bankruptcy Judge.

I. INTRODUCTION

The matter before the Court is the Motion of the United States of America for Relief from the Automatic Stay to Effect Setoff of Pre- and Postpetition Claims, or, in the Alternative, for Adequate Protection (the "Motion to Setoff"). Through the Motion to Setoff, the United States seeks to setoff the postpetition claim of the Internal Revenue Service ("IRS") in the sum of $239...

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