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IN RE COLARUSSO

Bankruptcy No. 99-19194-WCH. Adversary No. 01-1446.

280 B.R. 548 (2002)

In re Michael J. COLARUSSO and Mary Colarusso, Debtors. Robert and Joan Canzano as They Are Trustees of the J & B Realty Trust, Plaintiffs, v. Mary M. Ragosa, Defendant.

United States Bankruptcy Court, D. Massachusetts, Eastern Division.

July 16, 2002.

Attorney(s) appearing for the Case

Jay F. Theise of Cherwin, Glickman & Theise, Boston, MA, for Robert and Joan Canzano as they are Trustees of the J & B Realty Trust.

Leonard M. Frisoli, Jr., of Frisoli & Associates, Cambridge, MA, Albert J. Schultz, Osterville, MA, for Mary M. Ragosa.

MEMORANDUM DECISION REGARDING MOTION OF THE PLAINTIFFS, ROBERT AND JOAN CANZANO AS THEY ARE TRUSTEES OF THE J & B REALTY TRUST FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE JUDGMENT ON THE PLEADINGS PURSUANT TO BANKRUPTCY RULE 7056 AND F.R.C.P. RULE 56 AND MOTION OF DEFENDANT, MARY M. RAGOSA FOR SUMMARY JUDGMENT

WILLIAM C. HILLMAN, Chief Judge.

I. Introduction

When the Chapter 7 Trustee, Donald R. Lassman (the "Trustee") sold the...

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