Glenn and Marion Peterson - Page 4

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          the parties agreed to a repayment schedule.  However, the check             
          was returned as a result of a lien filed on Dutchess' bank                  
          accounts and accounts receivable by Citibank Eastern of Albany.             
          By June 1975, Dutchess was indebted to Agway in the amount of               
          $169,661.34.  On June 25, 1975, attorneys for Agway requested               
          each officer of Dutchess to pay the amount due under the line of            
          credit, which totaled $175,244.97 with interest.                            
               On June 18, 1975, Dutchess filed for Chapter 11 bankruptcy             
          protection in the U.S. Bankruptcy Court for the Southern District           
          of New York.  In early July 1975, Agway filed a proof of claim in           
          that proceeding in the amount of $175,244.97.  On July 7, 1975,             
          Agway filed a summons and complaint in the Supreme Court of New             
          York, Onondaga County, against the Dutchess officers, asking for            
          payment under the guarantee.  On September 3, 1975, judgment was            
          entered against the officers of Dutchess in favor of Agway in the           
          amount of $205,522.72, which represented the original amount of             
          $169,661.34 due under the line of credit, plus interest and                 
          costs.                                                                      
               On August 15, 1975, John Peterson, filed for Chapter 11                
          bankruptcy protection in the U.S. District Court for the Southern           
          District of New York.  John Peterson died in 1986.  Despite                 
          efforts by petitioners and respondent, Woodrow Pereira's                    
          whereabouts were and are unknown.  Agway possessed and sold                 
          petitioners' residence to satisfy its September 3, 1975, judgment           





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