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MATTER OF PHILLIPS CONST. CO., INC.

No. 76-1879.

583 F.2d 290 (1978)

In the Matter of PHILLIPS CONSTRUCTION COMPANY, INC., Bankrupt. Edward LIMPERIS, Trustee, Plaintiff-Appellant, v. Thomas MARTINECK and Catherine Martineck et al., including Village of Carpentersville, a Municipal Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 14, 1978.

Attorney(s) appearing for the Case

Jeffrey D. Warren, Chicago, Ill., for plaintiff-appellant.

Richard W. Husted, Elgin, Ill., for defendants-appellees.

Before FAIRCHILD, Chief Judge, CASTLE, Senior Circuit Judge, and CUMMINGS, Circuit Judge.

FAIRCHILD, Chief Judge.

Appellant Edward Limperis (hereinafter referred to as "the Trustee"), as trustee in bankruptcy of Phillips Construction Company, Inc. (hereinafter "the Bankrupt"), appeals from a judgment of the district court which reversed an order of the Bankruptcy Court directing the Village of Carpentersville (hereinafter "the Village") to permit the construction and occupancy of homes upon eleven residential lots which are assets of the bankrupt estate...

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