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IN RE MEDALLION REALTY TRUST

Bankruptcy No. 89-40203-JFQ.

103 B.R. 8 (1989)

In re MEDALLION REALTY TRUST Debtor.

United States Bankruptcy Court, D. Massachusetts.

July 11, 1989.

Attorney(s) appearing for the Case

Jeffrey L. Jonas, Brown, Rudnick, Freed & Gesmer, Boston, Mass., for First Service Bank for Sav.

Louis S. Robin, Hendel, Collins & Newton, Springfield, Mass., for Medallion Realty Trust/debtor.

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

First Service Bank for Savings (the "Bank"), through Federal Deposit Insurance Corporation as its receiver, moves to dismiss this Chapter 11 case on the ground that Medallion Realty Trust (the "Debtor") is not a "business trust" eligible for relief under Chapter 11. For the reasons set forth below, the motion is denied. But it is a Pyrrhic victory for the Debtor, because I hold that the Debtor is a partnership...

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