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SCHWAN'S SALES ENTER. v. COMMERCE BANK & TRUST

No. 02-40232-FDS.

397 F.Supp.2d 189 (2005)

SCHWAN'S SALES ENTERPRISES, INC. a/k/a Schwan's Consumer Brands, N.A./ Freschetta, Plaintiff, v. COMMERCE BANK & TRUST COMPANY, Defendant.

United States District Court, D. Massachusetts.

September 20, 2005.

Attorney(s) appearing for the Case

Gordon J. MacDonald, Nixon & Peabody, LLP, Manchester, MA, Kevin M. Fitzgerald, W. Scott O'Connell, Nixon Peabody, LLP, Manchester, NH, Monica L. Clark, Dorsey & Whitney, LLP, Minneapolis, MN, for Plaintiff.

Robert L. Hamer, Kristin D. Thompson, Mirick, O'Connell, Demallie & Lougee, LLP, Worcester, MA, for Defendant.

MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

SAYLOR, District Judge.

This is a lender-liability action arising out of the failure of a marketing firm called Good Stuff Entertainment Corporation. Plaintiff Schwan's Sales Enterprises, Inc., a producer of frozen pizza and other products, paid advances to Good Stuff for future marketing services. Defendant Commerce Bank & Trust Company was a creditor of Good Stuff that obtained...

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