Bennett Paper Corp. v. McGraw (In re Bennett Paper Corp.)

MEMORANDUM OPINION

DAVID P. McDONALD, Bankruptcy Judge.

INTRODUCTION

On January 10, 1986, Bennett Paper Corporation (“Bennett”), Debtor, filed its Petition For Injunctive Relief and Damages against Defendants Gerald McGraw (“McGraw”), Jefferson Smurfit Corporation (“Jefferson”) and Alton Packaging Corporation (“Alton”). Initially, Bennett’s Complaint consisted of three counts, the first and second of which sounded in contract and requested injunctive relief as well as money damages. On January 30, 1986, Jefferson and Alton moved to dismiss Counts I and II and McGraw moved to dismiss the entire…