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IN RE BASS MECHANICAL CONTRACTORS, INC.

Bankruptcy Nos. FA 87-73F, CMS 87-735, CMS 87-736 and CMS 87-979.

88 B.R. 201 (1988)

In re BASS MECHANICAL CONTRACTORS, INC., Debtor. HECKATHORN CONSTRUCTION COMPANY, INC., York-Shipley, a Division of Donlee Technologies, Inc., Tyson Foods, Inc., and Tyson Food Employee Pension Trust, Plaintiffs, v. BASS MECHANICAL CONTRACTORS, INC., and Jill Jacoway, Trustee, Defendants. Haskell JOHNSON, Howard Baird & Courtney C. Crouch, Trustees (or their Successors) of Tyson's Food Employee Pension Trust; and Tyson Foods, Inc., Plaintiffs, v. BASS MECHANICAL CONTRACTORS, INC., and Jill Jacoway, Trustee, Defendants. YORK-SHIPLEY, A DIVISION OF DONLEE TECHNOLOGIES, INC., Plaintiff, v. BASS MECHANICAL CONTRACTORS, INC., Defendant.

United States Bankruptcy Court, W.D. Arkansas, Fayetteville Division.

May 23, 1988.

Attorney(s) appearing for the Case

Jill R. Jacoway, Fayetteville, Ark., trustee.

Stephen E. Adams, Fayetteville, Ark., for Heckathorn Const. Co.

Larry J. Thompson, Springdale, Ark., for First Nat. Bank of Springdale.

Steve Crane, North Little Rock, Ark., for York-Shipley, a div. of Donlee Technologies.

Charles Stuttle, Fayetteville, Ark., for Tyson Foods, Inc. and Tyson Food Employee Pension Trust.

Kit Williams, Fayetteville, Ark., for Boss Mechanical Contractors, Inc.

Marshall Dale Evans, Marcia M. Brinton, Fayetteville, Ark., for Jill R. Jacoway.

MEMORANDUM OPINION

ROBERT F. FUSSELL, Chief Judge.

Before the Court is the Motion to Amend Order filed by Heckathorn Construction Co., Inc. (Heckathorn) in the above contested matters. Heckathorn has asked the Court to amend its Order entered March 30, 1988. On March 30, 1988, this Court ordered, inter alia, that First National Bank of Springdale (First National) did not waive and is entitled to exercise its right of setoff in the proceeds of the...

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