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[Commentary] © 2001-04 Philip Hyde, The Timesizing Wire™, Box 622 Cambridge MA 02143 USA (617) 623-8080

Bankruptcies, August-December/2001

12/27/2001  2 bankruptcies mentioned in (NYT) New York Times & (BG) Boston Globe -

  1. Enron Broadband Services files for Chapter 11 protection, Dow Jones via NYT, C4.
    Following in the footsteps of 28 of its affiliates...a telecommunications products trader has filed...in U.S. Bankruptcy Court in Manhattan, list[ing] assets of $64.5m and debt of $63.7m, not counting off-balance-sheet and contingent obligations.... Enron Broadband Services estimated that it had 16 to 49 creditors.

  2. Enron Broadband files for Chapter 11 protection, Dow Jones via NYT, C4.
    ...The Enron Freight Markets Corp. sought bankruptcy protection on Friday [listing] $6.3m in assets and $4.7m in debts, not counting off-balance-sheet and contingent obligations....

12/22/2001  1 bankruptcy mentioned in (NYT) New York Times & (BG) Boston Globe - 12/21/2001  1 bankruptcy mentioned in (NYT) New York Times & (BG) Boston Globe - 12/18/2001  1 new bankruptcy mentioned in (NYT) New York Times & (BG) Boston Globe - 12/15/2001  1 general bankruptcy story, mentioned in (NYT) NY Times-(BG) Boston Globe - 12/07/2001  3 bankruptcies, with $4.39B +?? debt, mentioned in (NYT) NY Times and (BG) Boston Globe -
  1. Japan: Builder files for protection, AP via NYT, W1.
    ...The Aoki Corp. has...giv[en] up on its efforts to reorganize amid rising debts and a slumping economy...because of Japan's protracted economic troubles, an Aoki spokesman, Kazuhiro Edagawa, said..\.. The construction concern, which is based in Osaka, had debts of $3.09B as of Sept., said Teikoku Databank, a private credit research firm....

  2. Pager files for bankruptcy, by Simon Romero, NYT, C3.
    Arch Wireless, a provider of wireless messaging services...filed for bankruptcy.... The company, based in Worcester MA also said it and its creditors had reached a debt restructuring agreement under which it will issue $300m worth of notes in exchange for about $1.3B of outstanding bonds. Arch, the nation's largest paging company, has been hurt by pager customers swapping their units for cellphones.

  3. Planet Entertainment Corp., NYT, C3.
    ...Menands, NY, a wholesale distributor of prerecorded music...filed for Chapter 11...in NY.
    [Not to be confused with Planet Hollywood, which "floated up to the top of the fishbowl" on 10/13/99.]
    The company's stock has fallen to 1 cent but products can still be purchased from its webpage.
    [Unspecified debt.]

12/05/2001  1 general roundup, mentioned in (NYT) NY Times and (BG) Boston Globe - 12/03/2001  1 weekend bankruptcy report in NY Times (NYT) and Boston Globe (BG) - 11/30/2001  1 general story & 2 bankruptcies, mentioned in (NYT) NY Times and (BG) Boston Globe -
    • [first, a general story -]
    Bankruptcy trend is now to liquidate [Ch.7 & 11!] , not just reorganize [Ch.11], by Riva Atlas, NYT, A1.
    ...Several factors are forcing this: ...But it can have a high...cost. A record 230 public companies with more than $182 billion in [total] assets have already filed for bankruptcy this year, according to *BankruptcyData.com. That is 25% more companies and double the amount of assets for all of last year, when 176 companies with $95B in assets filed for bankruptcy..\..
    The liquidation rate is far higher that a decade ago, the last time there was a surge of bankruptcy filings...in part because many of the companies [today] are telecomms or Internet start-ups, which have few assets other than employees..\..
    [But that's just what you get when you make the much-heralded shift from a manufacturing economy to a service economy. You go from hardware to vaporware.]
    Said Brad Scheler, head of the bankruptcy practice at the law firm of Fried Frank Harris Shriver & Jacobson...."Most of the companies 10 years ago were using bankruptcy to fix their balance sheets.... This time a lot are really sick"..\.. Many companies that ran into trouble 10 years ago had been acquired in leveraged buyouts and simply needed to reduce their debt.
    [Oh yes, the great LBO (leveraged buyout) fad that set us up for our current death spiral. Yet another bunch of virus-brains who didn't give a damn about anybody else acting like get-rich-quick cowboys. Notice how many things in this article indicate a huge cumulative problem?]
    \But according to\ Barry Ridings, co-head of the restructuring advisory group at Lazard Freres...many companies that went bankrupt in the early 1990's simply exchanged existing debt for new debt due several years later [when] in hindsight [they] should have insisted their creditors take stock [i.e., 'take it out in trade'] instead..\..
    [But how many creditors would be willing to go along with that?]
    "Things we fixed 10 years ago haven't stayed fixed," he said..\.. "There have been a bunch of Chapter 22's," [he] said,...referring to companies filing for Chapter 11 a second time.... "[Such] companies...always retain some vestige of backlash," said...Scheler.... "Their relationship with vendors is never quite the same."...Said Mark Tomisch, an [LTV] spokesman..."We had significant amounts of cash during the last bankruptcy [in 1986] but after the import flood of 1998, we've had three down years" \and\ run...out of cash..\.. TWA was a Chapter 33.... \Thus\ many of the companies confronting liquidation [today] have been through bankruptcy before..\..
    Data on liquidations, though, is not readily available. While it is easy to find the number of filings under Chapter 7 [where] a trustee appointed by the court oversees a sale of assets, most large companies that liquidate do so [under] Chapter 11, lawyers said, [where] data on...filings does not distinguish between liquidations and reorganizations....

  1. Malden Mills Industries seeks Chapter 11 bankruptcy protection, Bloomberg via NYT, C4.
    The company [and] Aaron Feuerstein, the president and CEO..\..made famous when it kept its employees on the payroll while it recovered from a devastating fire...employs 1,200 [and] has been negotiating with creditors to remain open while it attempts to restructure its debt. The company, which is privately owned, makes Polartec fleece....
    [And additional info just from the Boston Globe subhead -]
    Malden Mills seeks Chapter 11 protection - Textile maker to get $20m [from lenders]; Feuerstein to remain in control, by Ross Kerber, BG, E1.
    ...From its peak employment of around 2,500 before the fire, Malden Mills now has about 1,500 jobs worldwide....
    Malden Mills to file plan to emerge from bankruptcy, AP via 8/06/2002 NYT, C4.

    [More followup]
    Malden Mills is emerging from bankruptcy protection, AP via 8/20/2002 NYT, C4.
    [Even more followup]
    Malden Mills reaches accord on reorganization plan, AP via 1/29/2003 NYT, C6.

  2. Haverty Furniture, NYT, C4.
    ...will buy 4 stores from bankrupt HomeLife for $11m....

11/29/2001  1 bankruptcy, mentioned in (NYT) NY Times and (BG) Boston Globe
(not counting "Chiquita files for Chapter 11 protection," AP via NYT, C4, because we counted it when Chiquita started her protracted dance of death back on 1/17 #2 and we have collected subsequent Chiquita headlines there] -
11/23/2001  1 bankruptcy, with $325m debt, mentioned in (NYT) NY Times and (BG) Boston Globe
(not counting general story, "Corporate Ch. 11 filings hit a record," Bloomberg via BG, B14, which states, "A record 224 publicly traded companies with more that $18B in assets filed for bankruptcy [so far] this year, 27% more than last year's record 176, says BankruptcyData.com, a Boston-based website that tracks such filings.") - 11/16/2001  1 bankruptcy, mentioned in NY Times (NYT) and Boston Globe (BG) - 11/15/2001  1 bankruptcy, mentioned in NY Times (NYT) and Boston Globe (BG)
(not counting general story "Japan: Bankruptcies rise," by Ken Belson, NYT, W1, which states "Corporate bankruptcies rose 11.7% from the month a year earlier, as the sagging economy and banks' efforts to deal with huge portfolios of bad loans combined to push companies out of business.") - 11/14/2001  1 bankruptcy, mentioned in NY Times (NYT) and Boston Globe (BG) - 11/08/2001  1 bankruptcy, mentioned in NY Times (NYT) and Boston Globe (BG) - 10/31/2001  1 bankruptcy, mentioned in NY Times (NYT) and Boston Globe (BG) - 10/20/2001  1 bankruptcy, mentioned in NY Times (NYT) and Boston Globe (BG) - 10/18/2001  1 bankruptcy, mentioned in NY Times (NYT) and Boston Globe (BG) - 10/16/2001  1 bankruptcy, mentioned in NY Times (NYT) and Boston Globe (BG) - 10/13/2001  2 bankruptcies, mentioned in NY Times (NYT) and Boston Globe (BG) -
  1. Deep in debt since 1988, Polaroid files for bankruptcy, by Claudia Deutsch, NYT, C1.
    The Polaroid Corp., once one of American industry's technological lights, filed for Chapter 11 bankruptcy protection yesterday. Most experts predict that Polaroid will never emerge, but will use the court's protection to set up a sale of its assets....
    [This is a great American tragedy, on par with Levi's big layoff, which led us to predict the downturn 2½ years ago (see 2/23/1999). Polaroid was, for many years, very good to its employees, too. Now its pensioners can't even count on their pensions.]
    [Sad followup - ]
    Bank One unit agrees to buy assets of Polaroid, AP via 4/19/2002 NYT, C4.
    The maker of instant cameras and film...agreed to sell most of its assets to...One Equity Partners, the private equity unit of Bank One..\..for $265m. Polaroid said the sale...could allow the company to emerge from Chapter 11...."
    [More followup]
    Former Corning CEO is new chairman at Polaroid, AP via 6/27/2002 NYT, C8.
    ...Mr. [John] Loose replaces Gary DiCamillo, who resigned, effective July 1, after a seven-year tenure during which Polaroid's fortunes faded. The company filed last fall for bankruptcy protection after accruing $1 billion in debt.... [And more followup]
    Bank One Corp., 6/29/2002 NYT, B5.
    ...Chicago, said its VC group had won bankruptcy court approval to buy the remaining assets of Polaroid Corp., Cambridge, Mass., the pioneer of instant photography, for $255m....
    [So now venture capitalists have turned into vultures?]
    Joint bankruptcy plan filed to dissolve former Polaroid, Dow Jones via 1/17/2003 WSJ, B3.
    The entity formerly known as Polaroid Corp. and its committee of unsecured creditors filed a joint bankruptcy reorganization plan that calls for the dissolution of the instant-photography firm and its subsidiaries.
    [This is what's passing for "efficiency" these days? We call it a waste. And where's the reorg component in a dissolution?]
    Stockholders won't be compensated under the proposed plan....
    In July 2002, all of Polaroid's assets, including its trademark name, were sold for $255m in cash and $200m in liabilities to OEP Imaging Corp., a unit of Bank One Corp. At the conclusion of the sale, OEP Imaging changed its name to Polaroid Corp., while the original Polaroid Corp. was renamed Primary PDC Inc.
    [Seems to be a big new fad = fiddling with language. Remember "New Speak" in George Orwell's "1984"? Compare all the wording backbends being practiced by the Bush administration, or for that matter, the euphemisms for downsizing = rightsizing and smartsizing. CEOs spend all this time rationalizing shrinkage and then they turn around and wonder where growth has gone.]

  2. Etc...Lechters Inc., Globe wire services via Boston Globe, C1.
    ...a Harrison, NJ-based housewares retailer that filed for bankruptcy protection in May, plans to close its 315 stores and sell its assets after an unsuccessful attempt to find a buyer....
    [Filed May 1, mentioned in 8/21/2001 #1 below, but not counted till now. Why are we counting it late, you ask? Because there was no article focused on it in NYT or BG around May 1, and because sometimes, when there is such an article, we count it early. So it works both ways. Check out Regal Cinemas, counted on 11/16/2000 #3 but not clinched till today. By the way, Casual Male Corp., which mentioned in this same Etc. article today (10/13/2001) was counted back on 5/19/2001.]

10/09/2001  2 bankruptcies, with $40m debt +??, mentioned in NY Times (NYT) and Boston Globe (BG) -
  1. Chapter 11 sought, Dow Jones via BG, D2.
    Aztec Technology Partners Inc. filed for Chapter 11 bankruptcy protection after its lenders refused to extend a deadline to renegotiate debt payments.... The Braintree [Mass.] ISP, which owes banks about $40m, had been given [a grace period from April 30] through Sept. 28 while restructuring talks were underway.

  2. American soybean exporter buys unit in Argentina, Bloomberg via NYT, C4.
    ...[from] Andre & Cie.... Andre, based in Lausanne, Switzerland, has been shedding assets since it filed for protection from creditors in March.
    [But not reported then in NYT or BG.]

10/05/2001  1 bankruptcy, with $10B debt, reported in NY Times (NYT) and BG - 10/04/2001  1 bankruptcy, reported in NY Times (NYT) and BG - 10/02/2001  3 bankruptcies, with $10.5B +?? in debt, reported in NY Times (NYT) and BG -
  1. Much of Swissair seeks bankruptcy - Belgium's airline imperiled by moves;  Many Swissair units are seeking bankruptcy protection - The Crossair regional operation will take over most of the flights, by Elizabeth Olson, NYT, W1, W7.
    [Well, Peter Ustinov used to call Phil Hyde's hometown, Toronto, "New York run by the Swiss." That comes to an end now that the Swiss have screwed up Swissair. If the Swiss can't even run their own national airline on an even keel without letting it slide into ruin (or sliding it into ruin?), they're no fit comparison for Toronto, Ont.]
    GENEVA...- Deep in debt and desperate for cash, the Swissair Group announced drastic action to revamp itself today, including filing for bankruptcy protection for many of its operations and a sale of control of Crossair, its regional subsidiary, to Switzerland's two largest banks. In effect, a much-reduced Swissair will continue as a brand, but not as a company: Crossair will absorb about two-thirds of Swissair's flight operations beginning Oct. 28, and the rest will be shut down.
    Swissair has been in dire financial trouble for months, because of losses from a failed attempt to expand across Europe with stakes in smaller carriers. The sharp decline in passenger traffic, particularly across the Atlantic, after the Sept. 11 terror attacks made matters worse, and on Friday, Mario Corti, the CEO, acknowledged that Swissair was teetering on the edge of insolvency with $10.5B in debts and had almost no cash left. Over a frantic week of negotiations, the airline's banks came up with today's partial rescue plan..\.. The move threatened the survival of Sabena, Belgium's main airline, Swissair Group owns 49.5% of Sabena and was to have poind it $120m in cash this week to help it keep operating; that payment will not be made, the Swissair Group said....
    [Followup - other names associated with this bankruptcy -]
    US Bankruptcy Court, Southern District of NY - In re:...Swissair, Swiss Air Transport Co. Ltd., Sairgroup AG, Sairlines AG, Flightlease AG, Swisscargo AG, debtors in a foreign proceeding...under Sec.304 of the Bankruptcy Code, legal notice, 7/15/2004 WSJ, B7.

  2. Federal-Mogul files for bankruptcy, AP via NYT, C4.
    ...The auto parts maker sought bankruptcy protection in the U.S. and Britain yesterday to help it resolve asbestos claims stemming from its acquisition of a British company three years ago. During the restructuring proceedings, the company will continue its business without interruption or job losses and all employees will be paid, said Frank Macher, Federal-Mogul's chairman, in a conference call with reporters. In 1998, Federal-Mogul acquired T&N PLC of Manchester, England, an auto parts maker that once used asbestos extensively in a separate building-supplies business, and two other companies with asbestos liabilities.
    [Hmm, now we have the fatal takeover-bankruptcy connection to add to the lethal takeover-downsizing connection.]
    Federal-Mogul, 10/11/2002 NYT, C4.
    ...Southfield, Mich., the largest maker of auto bearings and seals, asked a federal bankruptcy judge to extend by 4 mons a deadline for submitting plans to complete its Ch. 11 reorg. The deadline, Nov. 1, has already been extended twice.
    [These clowns can't even do bankruptcy on schedule!]

  3. Assisted Living Concepts files for bankruptcy, Bloomberg via NYT, C4.
    ...A leading chain of retirement homes...based in Portland, Ore. \filed\ Chapter 11 papers...yesterday in U.S. Bankruptcy Court in Wilmington, Del....

9/29/2001  1 bankruptcy, reported in NY Times (NYT) and BG - 9/27/2001  1 bankruptcy, reported in NY Times (NYT) and BG - 9/25/2001  3 bankruptcies, with $30m +?? debt, reported in NY Times (NYT) and BG -
  1. Dairy Mart Convenience Stores Inc., NYT, C2.
    ...Hudson, Ohio, an operator of 550 retail stores...filed for Chapter 11...and listed assets of $190.7m and debts of $220.7m.
    [Making them 220.7-190.7= $30m in the red.]
    The company said it...had no plans to close any stores or reduce its workforce of 3,800.
    [That's the "old college spirit"!]

  2. Phar-Mor, drugstore chain, files for bankruptcy, Bloomberg via NYT, C2.
    ...[The operator of] 138 drugstores in 24 states has filed for Chapter 11...in Youngstown, Ohio [where it] is based..\..because of heavy debt and will close 65 stores to reduce costs.... Phar-Mor...said that the slowing economy and competition from larger chains contributed to its financial problems. Phar-Mor...emerged from a three-year bankruptcy reorganization in September 1995.

  3. Sanmina Corp., NYT, C2.
    ...said it had won approval in U.S. Bankruptcy Court to buy the assets of E-M Solutions Inc., Longmont, Colo., a closely held electronics maker....

9/22/2001  1 bankruptcy, reported in NY Times (NYT) and BG - 9/20/2001  1 bankruptcy, reported in NY Times (NYT) and BG - 9/19/2001  1 bankruptcy, with $170.1m debt reported in NY Times (NYT) and BG - 9/15/2001  1 bankruptcy, with $12.6B debt reported in NY Times (NYT) and BG - 9/13/2001  1 bankruptcy reported in NY Times (NYT) and BG - 9/11/2001  1 bankruptcy reported in NY Times (NYT) and BG - 9/08/2001  1 bankruptcy reported in NY Times (NYT) and BG - 9/07/2001  1 bankruptcy reported in NY Times (NYT) and BG - 9/03/2001  1 bankruptcy with $13.6m debt reported in NY Times (NYT) and BG - 8/31/2001  1 bankruptcy reported in NY Times (NYT) and BG - 8/28/2001  1 bankruptcy in NY Times (NYT) & Boston Globe (BG) - 8/25/2001  Bankruptcy filings jump 24.5 pct, AP-NY-08-24-01 1656EDT via AOLNews via Merica Petrella.
Bankruptcy filings by American consumers and businesses jumped [to] 400,394..\..in the April-June period...the highest-ever quarterly total, up from 321,729 a year earlier..\..the *Administrative Office of the U.S. Courts reported Friday. Bankruptcy filings are now on track to surpass the record-breaking year of 1998, when 1,442,549 new cases were filed, according to the *American Bankruptcy Institute, and independent group of bankruptcy judges, lawyers and experts.... [The 1998 record was] up more than 300% since 1980, but declined to about 1.3m in 1999 and 1.2m last year..\..
In the first six months of the year, 767,235 new cases were filed, an increase of 21% over the first half of 2000 and up 5.4% from the first half of 1998. "The figures for the first half of this year are alarming, if not shocking," said Samuel Gerdano, the Institute's executive director....
News of the increase comes as legislation is pending in Congress that would make it more difficult to erase credit-card and other debts in bankruptcy court.... Opponents say the legislation, coming amid a sagging economy, would remove a crucial safety net for people who have lost their jobs or face huge medical bills and for single mothers seeking child support from bankrupt fathers. They insist that credit card companies, mailing out millions of offers of new credit, have recklessly loosened their credit-granting standards and are at least partly responsible for the surge in consumer debt..\..
Similar versions of the legislation, the most sweeping overhaul of bankruptcy laws in 20 years...
[we'd make that 60-65 years]
...cleared the House and Senate earlier this year. Last month the Democratic-controlled Senate demanded negotiations with the House, where Republicans dominate, to craft a bill that...Bush would be willing to sign....
[Again the insignificant difference that Ralph Nader points out between the two major parties, the Democrats having sold out their traditional employee power-base in return for big campaign contributions from employers.]

8/24/2001  1 bankruptcy in NY Times (NYT) & Boston Globe (BG) -

8/21/2001  2 bankruptcies in NY Times (NYT) & Boston Globe (BG) -
  1. Battling competition, Ames files for bankruptcy protection, Bloomberg via NYT, C7.
    Ames Department Stores Inc...based in Rocky Hill, Conn..\..sought Chapter 11 bankruptcy protection yesterday as competition with Wal-Mart Stores Inc. has left the company struggling to pay its debts.... Four company units were included in the filing.... A string of other discount retailers, including Lechters [5/01 based in Harrison NJ, and not counted till 10/13/2001 #2 above] and Bradlees [95 & 00 Braintree MA], have filed for bankruptcy protection over the last year [plus Caldor in '95 & '99 based in Norwalk CN]....
    Ames, which spent almost three years in bankruptcy in the early 1990's, announced last week that it would close 47 stores and eliminate 2,000 jobs [8/17, #2]....

  2. Produce exchange seeks protection, NYT, C6.
    World Commerce Online Inc...based in Orlando, Fla..\..which develops and licenses software that allows food and produce companies to conduct business on the Internet, said it had filed for bankruptcy protection....
    [Incomplete reporting - Chapter 11? 7?]

8/20/2001  1 bankruptcy in NY Times (NYT) & Boston Globe (BG) - 8/18/2001  1 bankruptcy story in NY Times (NYT) & Boston Globe (BG) - 8/16/2001  3 bankruptcy stories in NY Times (NYT) & Boston Globe (BG) -
  1. Asbestos litigation felling firms, study shows, Reuters via NYT, E3.
    The number of US firms caught up in asbestos litigation has grown dramatically in the past 10 years and all the major asbestos defendants are likely to be bankrupt within the next two years, according to a study released yesterday...by the Calif.-based independent RAND Institute for Civil Justice.... Billions of dollars of asbestos-related costs already have forced 41 firms to file for Chapter 11....

  2. Egghead files for Chapter 11, Bloomberg via NYT, C4.
    Egghead.com, a computer retailer, filed today for bankruptcy protection after laying off two thirds of its workforce and agreeing to sell its assets to closely held Fry's Electronics, court records said....

  3. Financial problems force chain of computer camps to close, NYT, E5.
    ...ACE Computer Camp, an Atlanta-based company that ran 60 camps a year for some 8,000 campers ranging in age from 7 to 16, ceased operations last Friday.... ACE had been suffering from decreased enrollment, with 45% fewer campers in 2001 than in the previous year..\.. Fritz Hager, who was ACE's CEO, said the company ran out of money when a sale of the company fell through this month.... Mr. Hager said the company planned to file for Chapter 7 bankruptcy [i.e., liquidation, not reorg].
    ..\..Many campers ending their session were left unsupervised while counselors, confused by the sudden news, packed up and left.... Many ACE campers who been left in the lurch for the final weeks of camp were sent to a location run by Cybercamps, a rival operation in much healthier financial shape....

8/15/2001  2 bankruptcy/liquidation items in NY Times (NYT) & Boston Globe (BG) -
  1. Midway Airlines files for bankruptcy protection, AP via NYT, C4.
    ...as it sought to preserve cash while it reorganizes to cope with a severe downturn in corporate travel...a "calamitous drop in business traffic," low fares, and high jet fuel prices. The airline [is] based in Morrisville, NC....
    [Followup -]
    Midway Airlines - Judge orders the liquidation of regional carrier's assets, 10/31/2003 WSJ, C7.

  2. South Korea picks out 49 concerns to liquidate - Critics say the big troubled companies are allowed to go on, by Don Kirk, NYT, W1.
    ...The plan is the latest effort to revive an economy that has been slumping since early last year. The 49 were selected, the Financial Supervisory Service said, from 455 companies whose viability was studied. The Service said that the decision showed its determination to jettison weak companies. But critics said that of the 49 companies, all were minor except Dong Ah Construction, which was the nation's second-largest construction company when it went bankrupt this year....

8/8/2001  1 bankruptcy in NY Times (NYT) & Boston Globe (BG) - 8/04/2001  1 bankruptcy/liquidation in NY Times (NYT) & Boston Globe (BG) - 8/03/2001  1 bankruptcy in NY Times (NYT) & Boston Globe (BG) - For earlier bankruptcy stories, click on the desired date -

  • Mar-July/2001.
  • Jan-Feb/2001.
  • Dec/2000.
  • Oct-Nov/00.
  • Jul-Sep/00.
  • Jan-Jun/2000.
  • Aug-Dec/1999.
  • Prior to July 31/99.

    For more details, see our laypersons' guide Timesizing, Not Downsizing, which is available online from *Amazon.com and at bookstores in Harvard and Porter Squares, Cambridge, Mass.

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