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IN RE NEW ERA PACKAGING, INC.

Bankruptcy No. 94-41284. Adv. No. 94-4188.

186 B.R. 329 (1995)

In re NEW ERA PACKAGING, INC., Debtor. David J. FERRARI, Chapter 11 Trustee, Plaintiff, v. FAMILY MUTUAL SAVINGS BANK, Defendant.

United States Bankruptcy Court, D. Massachusetts.

September 22, 1995.

Attorney(s) appearing for the Case

David J. Ferrari, Chapter 11 Trustee.

Douglas R. Gooding, Boston, MA, for Family Mutual Savings Bank.

MEMORANDUM

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court for determination is a "Motion by Trustee for Judgment on Pleadings for Equitable Subordination of Redemption Claim" (the "Motion") filed by the Chapter 11 Trustee, David J. Ferrari (the "Trustee") against the defendant Family Mutual Savings Bank ("Family Mutual"). Through the Motion, the Trustee seeks entry of judgment on Count II of his Complaint for equitable subordination of the claims...

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