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MORRISON v. ROCCO FERRERA & CO.

No. 76-1165.

554 F.2d 290 (1977)

In the Matter of Harold MORRISON, Trustee of Atlas Concrete Pipe, Inc., and/or Atlas Concrete Conduit, Inc., Plaintiff and Counter-Defendant, Appellee, v. ROCCO FERRERA & CO., a Michigan Corporation, Defendant and Counter-Plaintiff, Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 6, 1977.

Attorney(s) appearing for the Case

William R. Brashear, Brashear, Brashear & Duggan, Livonia, Mich., for appellant.

Robert L. Segar, Leitson, Dean, Dean, Segar & Hart, P. C., Flint, Mich., for appellee.

Before PHILLIPS, Chief Judge, EDWARDS, Circuit Judge, and SILER, District Judge.

PHILLIPS, Chief Judge.

The trustee in a Chapter X reorganization proceeding under the bankruptcy act filed an action in the United States District Court to recover an account receivable. The District Court referred the matter to a bankruptcy judge. The defendant thereupon filed an answer and counterclaim for breach of contract. Thereafter the Chapter X proceeding was terminated and the Chapter X petitioner was adjudged a bankrupt. The question presented on this appeal...

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