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IN RE COLONIAL REALTY CO.

Bankruptcy No. 90-21980, Adversary No. 93-2315.

208 B.R. 619 (1997)

In re COLONIAL REALTY COMPANY, Jonathan Googel, Benjamin Sisti, Consolidated Debtors. Hal M. HIRSCH, as Trustee of the Consolidated Estate of Colonial Realty Company, Jonathan Googel and Benjamin Sisti, Plaintiff, v. Dominic LOPREATO, Defendant.

United States Bankruptcy Court, D. Connecticut.

May 1, 1997.

Attorney(s) appearing for the Case

Pamela J. Varin and Howard P. Magaliff, Gainsburg & Hirsch, Purchase, NY, for Plaintiff.

Steven W. Varney, Brown, Paindiris & Scott, L.L.P., Hartford, CT, for Defendant.

MEMORANDUM OF DECISION AND ORDER ON DEFENDANT'S MOTION TO DISMISS COMPLAINT UNDER FED. R. CIV. P. 12(b)(1) and (5)

ROBERT L. KRECHEVSKY, Bankruptcy Judge.

I.

ISSUES

Hal M. Hirsch ("Trustee"), Trustee of the Consolidated Chapter 7 Estate of Colonial Realty Company ("Colonial"), Jonathan Googel ("Googel") and Benjamin Sisti ("Sisti"), Debtors (together "the debtors"), on October 15, 1993, filed with the Clerk of the Court a...

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