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IN RE SINICROPE

Bankruptcy No. 7-81-00489, Adv. Nos. 7-81-0205, 7-81-0263.

21 B.R. 476 (1982)

In re Joseph Daniel SINICROPE, t/a Sinicrope Construction Company, Debtor. Joseph Daniel SINICROPE, Plaintiff, v. BLACK DIAMOND SAVINGS & LOAN ASSOCIATION and Smith Electrical Contractors, Inc. and George Hunnicutt, Sr. and A & G Electric Company and Lawson & Litton Construction Corp. and Pyro Chimney Systems and Pyrosolar Industries, Inc. and Rosenwach, Inc. and W.D. Harless Co., Inc., Defendants. SMITH ELECTRICAL CONTRACTORS, INC., A & G Electric Company, W.D. Harless Company, Inc., Plaintiffs, v. George HUNNICUTT, Sr. Black Diamond Savings & Loan Association, Defendants.

United States Bankruptcy Court, W.D. Virginia, Big Stone Gap Division.

April 27, 1982.

Attorney(s) appearing for the Case

James E. Nunley, Bristol, Va., for plaintiff/debtor.

H. Ronnie Montgomery, Jonesville, Va., for Smith Elec. Contractors, Inc. and W.D. Harless Co., Inc., defendants and plaintiffs.

Jeffery A. Sturgill, Norton, Va., for Black Diamond Sav. & Loan Assoc., defendant.

Kenneth P. Asbury, Wise, Va., for George Hunnicutt, defendant.

OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

The issue before the Court is whether a payment bond surety on a construction contract may be held liable for amounts due and owing subcontractors in excess of the statutory amount payable by the owner. Counsel for the parties to these adversary proceedings submitted the issue for determination on stipulations of facts and briefs.

The debtor in this case...

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