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IN RE NEW COMMONWEALTH PUB. CO., INC.

Bankruptcy No. 89-13164-JNG, Adv. No. 89-1528.

118 B.R. 155 (1990)

In re NEW COMMONWEALTH PUBLISHING COMPANY, INC., Debtor. NEW COMMONWEALTH PUBLISHING COMPANY, INC. f/k/a Commonwealth Publishing Co., Plaintiff, v. BAYBANK MIDDLESEX, Defendant.

United States Bankruptcy Court, D. Massachusetts (Boston).

August 10, 1990.

Attorney(s) appearing for the Case

Paula Bonnell, Boston, Mass., for plaintiff.

Louis DiFronzo, Riemer & Braunstein, Boston, Mass., for defendant.

MEMORANDUM

JAMES N. GABRIEL, Chief Judge.

I. INTRODUCTION

New Commonwealth Publishing Company, Inc. ("New Commonwealth" or the "Debtor") commenced the above-captioned adversary proceeding against BayBank Middlesex ("BayBank" or the "Bank") on November 3, 1989. The Debtor filed an amended complaint on February 28, 1990. That complaint is presently the subject of cross-motions for summary judgment.

II. FACTS

The Debtor filed a voluntary...

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