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IN RE E.C. ERNST, INC.

Arrangement Nos. 79 B 2139-41.

20 B.R. 583 (1982)

In re E.C. ERNST, INC., E.C. Ernst Midwest, Inc., E.C. Ernst International Corp., Debtors. E.C. ERNST, INC., Debtor and Debtor in Possession v. ALRICH-ELECTRICAL CONTRACTING COMPANY, INC., and the Travelers Indemnity Company, Defendants.

United States Bankruptcy Court, S.D. New York.

June 4, 1982.

Attorney(s) appearing for the Case

Shea & Gould, New York City, for plaintiff.

Wilson & Trotter, Augusta, Ga., for defendant Alrich Elec. Contracting Co.

DECISION ON COMPLAINT TO VACATE DEFAULT JUDGMENT

EDWARD J. RYAN, Bankruptcy Judge.

On December 1, 1978, E.C. Ernst, Inc. ("Ernst") filed a petition instituting a Chapter XI case in accordance with Bankruptcy Rule 11-6 and it was thereafter continued in the operation and management of its business as debtor in possession.

On August 13, 1981, Ernst filed a summons and complaint against Alrich-Electrical Contracting Company, Inc. ("Alrich") and The...

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