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IN RE ADMETRIC BIOCHEM, INC.

Bankruptcy No. 01-18351-JNF. Adversary No. 02-1012.

284 B.R. 1 (2002)

In re ADMETRIC BIOCHEM, INC., Debtor. Cummings Properties, LLC, Plaintiff, Kathleen Dwyer, Chapter 7 Trustee of Admetric Biochem, Inc., Defendant.

United States Bankruptcy Court, D. Massachusetts.

September 30, 2002.

Attorney(s) appearing for the Case

David R. Suny, Cummings Properties, LLC, Woburn, MA, for plaintiff.

Kathleen P. Dwyer, Jeffrey B. Loeb, Ardiff & Morse, P.C., Danvers, MA, for defendant.

MEMORANDUM

JOAN N. FEENEY, Bankruptcy Judge.

I. INTRODUCTION

The matters before the Court are Cross-Motions for Summary Judgment filed by Cummings Properties, LLC ("Cummings") and Kathleen Dwyer, the Chapter 7 Trustee (the "Trustee") of Admetric Biochem, Inc. ("Admetric" or the "Debtor"). The issue presented is whether a lease acceleration clause in the lease between Cummings and Admetric is an enforceable liquidated damages provision...

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