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IN RE FORMATECH, INC.

Bankruptcy No. 11-43424-MSH. Adversary No. 12-4041.

496 B.R. 26 (2013)

In re FORMATECH, INC., Debtor. Cellceutix Corporaton, Plaintiff v. David M. Nickless, Chapter 7 Trustee, Defendant and Sovereign Bank, N.A., Intervenor/Defendant. Sovereign Bank, N.A., Intervenor/Crossclaimant v. David M. Nickless, Chapter 7 Trustee, Defendant.

United States Bankruptcy Court, D. Massachusetts, Central Division.

July 9, 2013.

Attorney(s) appearing for the Case

Joseph P. Evans, Esq., Curley & Curley, P.C., Boston, MA, for the plaintiff, Cellceutix Corporation.

David M. Nickless, Esq., Nickless, Phillips and O'Connor, Fitchburg, MA, for defendant, David M. Nickless, Chapter 7 trustee of the estate of Formatech, Inc.

Bertin C. Emmons, Esq., Salem, NH, for the intervenor, Sovereign Bank, N.A.

MEMORANDUM OF DECISION ON DEFENDANT TRUSTEE'S MOTION TO DISMISS OR FOR SUMMARY JUDGMENT AS TO PLAINTIFF CELLCEUTIX CORPORATION AND MOTION FOR SUMMARY JUDGMENT OF SOVEREIGN BANK, N.A. AS TO PLAINTIFF CELLCEUTIX CORPORATION

MELVIN S. HOFFMAN, Bankruptcy Judge.

This adversary proceeding arises from a dispute between Cellceutix Corporation and David M. Nickless, the chapter 7 trustee of the estate of Formatech, Inc., over Cellceutix's claim of a right to rescind...

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