IN RE SLAW CONST. CORP.

Bankruptcy No. 80-00759G, Adv. No. 81-0345G.

17 B.R. 744 (1982)

In re SLAW CONSTRUCTION CORP. (Successor to Slaw-Landis Paving Co., Inc.), Debtor. SLAW CONSTRUCTION CORPORATION, Plaintiff, v. HUGHES FOULKROD CONSTRUCTION COMPANY and Home Insurance Company, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

February 18, 1982.


Attorney(s) appearing for the Case

Thomas C. Sadler, Jr., Butz, Hudders & Tallman, Allentown, Pa., for debtor/plaintiff, Slaw Const. Co.

Lawrence J. Tabas, William J. Barker, Jr., Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for defendants, Hughes Foulkrod Const. Co. and Home Ins. Co.

Donald M. Harrison, Philadelphia, Pa., for Creditors' Committee.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The instant case is before us on the preliminary issue of whether the defendant's counterclaim against the debtor in the above captioned adversary proceeding should be dismissed because the debtor's plan of reorganization has already been confirmed and the defendant, a creditor of the debtor, is bound by the terms of that plan. We conclude that the counterclaim should not be dismissed because (1) that claim may...

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