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IN RE CARBONE'S DELI, INC.

Bankruptcy No. 95-30101. Adversary No. 97-3029.

266 B.R. 20 (2000)

In re CARBONE'S DELI, INC., Debtor. Carbone's Deli, Inc., Plaintiff, v. Summit Place Partners, Ltd., Defendant.

United States Bankruptcy Court, D. Connecticut.

September 28, 2000.

Attorney(s) appearing for the Case

Timothy D. Miltenberger, Coan, Lewendon, Royston, Deming & Gulliver, New Haven, CT, for Debtor.

Glenn T. Terk, Wolcott Business Center, Wethersfield, CT, for One Summit Place Partners, Ltd.

Barbara H. Katz, New Haven, CT, Chapter 7 Trustee.

FINDINGS OF FACT AND CONCLUSIONS OF LAW ON COMPLAINT SEEKING AVOIDANCE OF ESCROW TRANSFER

ALBERT S. DABROWSKI, Bankruptcy Judge.

FINDINGS OF FACT

1. On or about June 2, 1990, Ronald J. Winfield (hereafter, "Winfield") and Robert Carbone (hereafter, "Carbone") entered into a certain written lease agreement (hereafter, the "Lease") with BHL Associates, Ltd. (hereafter, "BHL"). The Lease provided for Winfield and Carbone, or "an entity...

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