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IN RE C.H. STUART, INC.

Bankruptcy Nos. 81-20331, 81-20332 and 81-2078A.

17 B.R. 610 (1982)

In re C.H. STUART, INC. and Liege, Inc., Debtors. C.H. STUART, INC., Plaintiff, v. SARATOGA WATER SERVICES, INC., and Hall & Company, Inc., Defendants.

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

February 2, 1982.

Attorney(s) appearing for the Case

Shea & Gould, New York City by Franklin T. Russell, Newark, N.J., for C.H. Stuart, Inc.

Keith J. Roland, Albany, N.Y., for Saratoga Water Services, Inc.

Robert E. Ganz, Albany, N.Y., for Hall & Co., Inc.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

C.H. Stuart, debtor and plaintiff in the action, contracted with defendant, Saratoga Water Services (Saratoga) on October 17, 1979 to build a fire protection water tank in Malta, New York. The contractor hired by Saratoga was defendant, Hall & Company, Inc. (Hall). Saratoga hired the architect for the project.

The tank was built and after certification by the architect that the work was...

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