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IN RE PALMER TRUCKING CO., INC.

Bankruptcy Nos. 93-40834-HJB, 95-4317.

201 B.R. 9 (1996)

In re PALMER TRUCKING CO., INC., Debtor. David J. NOONAN, Trustee of the Debtor's Estate of Palmer Trucking Co., Inc., Plaintiff, v. CELLU TISSUE CORPORATION, CST Office Products, Inc., Hartford Cooperage Co., Inc. a/k/a New England Container, Luxo Lamp Corporation a/k/a Luxo Corporation, Mailrite, Inc., Creative Bronze, Inc., and Performance Polymers, Inc., Defendants.

United States Bankruptcy Court, D. Massachusetts.

September 23, 1996.

Attorney(s) appearing for the Case

David J. Noonan, Trustee.

Claudia J. Reed, Springfield, MA, for the Trustee.

Frank J. Weiner, Canton, MA, for CST Office Products, Inc.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court for determination is a "Motion for Summary Judgment, or Alternatively, Motion for Partial Summary Judgment, Stay and Referral to the Massachusetts Department of Public Utilities" (the "Motion") filed by CST Office Products, Inc. ("Defendant" or "CST"), one of the defendants in the instant adversary proceeding. Through his complaint, David J. Noonan, the Chapter 7 Trustee in...

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