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IN RE BAGEL BROS. BAKERY & DELI, INC.

Nos. 98-11441, 98-11442, 98-11443.

264 B.R. 260 (2001)

In re BAGEL BROS BAKERY & DELI, INC., Debtor. In re R & J Holdings of Buffalo, Inc., Debtor. In re Bagel Brothers Maple, Inc., Debtor.

United States Bankruptcy Court, W.D. New York.

April 3, 2001.

Attorney(s) appearing for the Case

William F. Savino, Robert J. Portin, of counsel, Damon & Morey, Buffalo, New York, for debtors.

Gabriel Ferber, Nesper, Ferber & DiGiacomo, Amherst, New York, for Ohio Farmers.

MICHAEL J. KAPLAN, Bankruptcy Judge.

This is a debtor's objection to a claim. It is a core proceeding under 28 U.S.C. § 157(b)(2)(B).

The novel question presented here is whether two brothers were so successful in marketing their trade name — "The Bagel Brothers" — that each of the various companies that they owned and controlled and that did business as a "Bagel Brothers" company must be held liable on a debt to a trade supplier who justifiably...

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