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IN RE IDC CLAMBAKES, INC.

BK No. 05-12267.

431 B.R. 51 (2010)

In re IDC CLAMBAKES, INC. Debtor.

United States Bankruptcy Court, D. Rhode Island.

June 9, 2010.

Attorney(s) appearing for the Case

William P. Devereaux, Esq., Pannone Lopes & Devereaux LLC, W. Mark Russo, Esq., Ferrucci Russo PC, Providence, RI, Attorney for Debtor.

William R. Grimm, Esq., Hinckley, Allen & Snyder LLP, Charles D. Blackman, Esq. Providence, RI, Attorney for the Creditors.

DECISION AND ORDER ON REMAND

ARTHUR N. VOTOLATO, Bankruptcy Judge.

This matter is before the Court on remand from the United States District Court, with instructions to: (1) "ensure that any disposition of the issue of whether [IDC Clambakes, Inc.] trespassed on Association property comport with due process requirements"; (2) "carefully adhere to the elements of trespass under Rhode Island law"; and if a trespass is found (3) "reconsider whether the...

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