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IN RE ROY A. DART INS. AGENCY, INC.

Bankruptcy No. 80-433-HL, Adv. No. 80-0311.

5 B.R. 207 (1980)

In re ROY A. DART INSURANCE AGENCY, INC., Debtor. SAINT PAUL FIRE & MARINE INSURANCE CO., Plaintiff, v. ROY A. DART INSURANCE AGENCY, INC., American Protection, Lumbermans Mutual Casualty, American Motorists, American Manufacturers Mutual, Federal Kemper Insurance Co., and Agency Assistance Corp., Defendants.

United States Bankruptcy Court, D. Massachusetts.

July 9, 1980.

Attorney(s) appearing for the Case

Stephen M. Richmond and Bertin C. Emmons, Kaye, Fialkow, Richmond & Rothstein, Boston, Mass., for plaintiff.

John F. Drew, Richmond, Rosen, Crosson & Resnek, Edward T. Dangel, III, Dangel & Sherry, Boston, Mass., for defendant-debtor.

Bernard P. Rome, Wasserman & Salter, Boston, Mass., for defendants Kemper Group & Agency Assistance Corp.

William A. Brown, Boston, Mass., trustee.

Melvin S. Hoffman, Barron & Stadfeld, United States Trustee, Boston, Mass., for trustee.

OPINION ON EXPIRATION

HAROLD LAVIEN, Bankruptcy Judge.

The issue for determination in this proceeding arises from the following facts. The Chapter 11 debtor, Roy A. Dart Insurance Agency, Inc. (formerly known as A. John Cohen Insurance Agency, Inc.) was an independent insurance agency for many years during which time the agency was authorized to write insurance through several insurance companies including St. Paul Fire & Marine Insurance Company ("St...

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