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TRAVELERS INSURANCE COMPANY v. DON-LIN FARMS

No. CIV-87-1256E.

90 B.R. 48 (1988)

TRAVELERS INSURANCE COMPANY, Appellant, v. DON-LIN FARMS, a partnership conducted by Donald R. Dennis, Linda L. Dennis and Donald L. Dennis, Appellee.

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

August 17, 1988.

Attorney(s) appearing for the Case

Edward J. Degnan, Canisteo, N.Y., for appellant.

Andrew J. Weidman, Paul S. Groschadl, Rochester, N.Y., for appellee.

MEMORANDUM and ORDER

ELFVIN, District Judge.

This case is here on appeal from the Bankruptcy Court following an Order by the Hon. Beryl E. McGuire granting the debtor's motion to dismiss its Chapter 11 case. See Order entered July 9, 1987, Bankruptcy file # 84-10302 M. The appellant now seeks to prevent the debtor from refiling under Chapter 12 by arguing that this Court should find that the dismissal should have been with prejudice.

Three issues...

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