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IN RE NORTHWEST ERECTION, INC.

No. CV 83-4-M.

34 B.R. 111 (1983)

In re NORTHWEST ERECTION, INC., a Montana corporation, Debtor. NORTHWEST ERECTION, INC., a Montana corporation, Plaintiff, v. MORGAN MANUFACTURING, a corporation; Morgan Equipment Company, a corporation; Fred J. Early Company, Inc., a corporation; and United States Fidelity and Guaranty, a corporation, Defendants.

United States District Court, D. Montana, Missoula Division.

October 17, 1983.

Attorney(s) appearing for the Case

Edward A. Murphy, Missoula, Mont., R. Mont. McDowell, Salt Lake City, Utah, for plaintiff.

A.H. Gaede, Jr., Bradley, Arant, Rose & White, Birmingham, Ala., Donavan Worden, Jr., Missoula, Mont., for defendant Fred J. Early and defendant USF & G.

Alexander Blewett III, Great Falls, Mont. (for defendants Morgan Mfg. and Morgan Equip.)

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

On April 13, 1981, plaintiff, Northwest Erection, Inc. (Northwest), filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. On December 27, 1982, Northwest, as debtor in possession, filed this action in the bankruptcy court, asserting contract claims against the defendants, and demanded a jury trial. On January 4, 1983, the bankruptcy judge transferred the cause to this court.

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