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IN RE LAFOLLETTE SHEET METAL, INC.

Bankruptcy No. 3-82-01905, Adv. No. 3-83-0497.

35 B.R. 634 (1983)

In re LAFOLLETTE SHEET METAL, INC., Debtor. Thomas H. DICKENSON, Trustee of Lafollette Sheet Metal, Inc., Plaintiff, v. HACKER BROTHERS, INC.; AE Systems, Inc.; and Kelly Energy Systems, Inc., Defendants, Brennenstuhl-Bryant Lumber Co., Inc., Intervening Plaintiff. AE SYSTEMS, INC., Cross-Plaintiff, v. HACKER BROTHERS, INC., Cross-Defendant. AE SYSTEMS, INC. Third-Party Plaintiff, v. UNITED STATES FIDELITY & GUARANTY COMPANY Third-Party Defendant.

United States Bankruptcy Court, E.D. Tennessee.

December 9, 1983.

Attorney(s) appearing for the Case

Robertson, Williams, Ingram, Faulkner & Overbey, J. Douglas Overbey, Knoxville, Tenn., for plaintiff.

Weill, Ellis, Weems & Copeland, Richard T. Klingler, Chattanooga, Tenn., for defendant AE Systems, Inc.

William Hensley, Corbin, Ky., for defendant Hacker Brothers, Inc.

Dale S. Ditto, Stanford, Ky., for intervening plaintiff Brennenstuhl-Bryant Lumber Co., Inc.

MEMORANDUM ON MOTIONS OF PLAINTIFF TRUSTEE AND DEFENDANT AE SYSTEMS, INC. FOR PARTIAL SUMMARY JUDGMENT AND MOTION FOR SUMMARY JUDGMENT OF INTERVENING PLAINTIFF BRENNENSTUHLBRYANT LUMBER CO., INC.

CLIVE W. BARE, Bankruptcy Judge.

At issue is whether construction contract retainage funds, claimed by the bankruptcy trustee of a debtor subcontractor, are held in trust by the general contractor for the benefit of the subcontractor's suppliers. Plaintiff trustee...

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