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JEREMIAH v. RICHARDSON

No. 98-1081.

148 F.3d 17 (1998)

Bruce JEREMIAH, Andrew Jeremiah, As General Partners of Silver Spring Center, Plaintiffs, Appellants, v. Andrew RICHARDSON, R.S.S. Realty Trust, Inc., etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 2, 1998.

Attorney(s) appearing for the Case

Edward G. Lawson, for appellants.

Andrew S. Richardson, with whom Boyajian, Harrington & Richardson was on brief, for appellee Trustee, Andrew Richardson.

Before TORRUELLA, Chief Judge, ROSENN, Senior Circuit Judge, and STAHL, Circuit Judge.

ROSENN, Circuit Judge.

This appeal, arising out of a unique set of facts, raises an important question pertaining to a bankruptcy court's discretion in authorizing a trustee in a Chapter 11 reorganization to sell the primary asset of the debtor without first resolving allegations of fraud committed by the prospective purchaser and its principals. The fraud is alleged to have been committed by the purchaser and the debtor's...

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