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IN RE NEW SEABURY CO. LTD. PARTNERSHIP

Bankruptcy No. 97-12964-WCH, Adversary No. 02-1325.

374 B.R. 446 (2007)

In re NEW SEABURY COMPANY LIMITED PARTNERSHIP, Debtor. New Seabury Co. Limited Partnership and Christopher Burden, Plaintiffs, v. New Seabury Properties, LLC, et al., Defendants.

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

August 22, 2007.

Attorney(s) appearing for the Case

David G. Sobol, John J. Monaghan, Lynne B. Nowak, Lynne B. Xerras, Holland & Knight, LLP, Boston, MA, for debtor.

Daniel E. Rosenfeld, David M. Glynn, Jeffrey L. Snow, Robert N. Michaelson, Kirkpatrick & Lockhart Preston Gates, Boston, MA, for defendants.

Douglas R. Gooding, Choate, Hall & Stewart, Paul D. Moore, Duane Morris, LLP, Boston, MA, for Joseph Korff.

Charles J. Clark, Mashpee, MA, pro se.

Andrew Z. Schwartz, Kenneth S. Leonetti, Foley Hoag LLP, Boston, MA, for Official Unsecured Creditors' Committee.

Todd A. Feinsmith, William R. Baldiga, Brown Rudnick Berlack Israels LLP, Boston, MA, for Committee of Unsecured Member Creditors.

MEMORANDUM OF DECISION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANTS AS TO ISSUES OF LIABILITY ON ALL COUNTS IN PLAINTIFFS' COMPLAINT

WILLIAM C. HILLMAN, Bankruptcy Judge.

I. INTRODUCTION

The matters before the Court are cross-motions for summary judgment by which the parties seek to resolve their dispute regarding real estate signage. As part of the plaintiffs'...

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