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IN RE VOGE, INC.

Bankruptcy No. 95-14337 K, Adversary No. 97-1093 K.

222 B.R. 204 (1998)

In re VOGE, INC., Debtor. Mark J. SCHLANT, Trustee in Bankruptcy for Voge, Inc., Plaintiff, v. NIAGARA MOHAWK POWER CORPORATION, Defendant.

United States Bankruptcy Court, W.D. New York.

June 18, 1998.

Attorney(s) appearing for the Case

Mark J. Schlant, Buffalo, NY, for Plaintiff.

William C. Grossman, Buffalo, NY, for Defendant.

MICHAEL J. KAPLAN, Bankruptcy Judge.

Further argument and conferences since the rendering of this Court's decision dated February 9, 1998, convinces this writer that an odd, but informative, set of circumstances requires an important refinement to the holding of that earlier decision, or else it might be misleading.

Two specific complexities of the stipulated facts escaped this Court's notice. Firstly, this writer believed that after the breach of the first...

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