BUCK CREEK INDUSTRIES, INC. v. ALCON CONST., INC.

Civ. A. No. 75-M-2142.

438 F.Supp. 168 (1977)

BUCK CREEK INDUSTRIES, INC., Plaintiff, v. ALCON CONSTRUCTION, INC., Robert R. Martin Building Co., Inc., Baptist Home for Senior Citizens, Inc., Baptist Home for Senior Citizens, Defendants.

United States District Court, N. D. Alabama, S. D.

September 9, 1977.


Attorney(s) appearing for the Case

Larry B. Clark, Lange, Simpson, Robinson & Somerille, Birmingham, Ala., for plaintiff.

C. Stephen Trimmier, Rives, Peterson, Pettus, Conway & Elliott, Birmingham, Ala., A. Dwight Blair, Gaines, Hereford & Cleckler, Pell City, Ala., W. B. Hairston, Jr., Engel & Hairston, Birmingham, Ala., for defendants.


MEMORANDUM OPINION

McFADDEN, Chief Judge.

This action seeks damages resulting from the transfer of a construction contract by defendant, Alcon Construction, Inc. to defendant, Robert L. Martin Building Company, Inc. Plaintiff asserts that the transfer was made with the intent to hinder, delay or defraud plaintiff in the collection of its judgment obtained against Alcon in an earlier suit.

On March 19, 1975, Alcon and The Baptist Home for Senior Citizens...

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