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IN RE NAT. UNDERGROUND CONST. CO., INC.

Bankruptcy No. 84 C 2087.

40 B.R. 1020 (1984)

In re NATIONAL UNDERGROUND CONSTRUCTION COMPANY, INC., Debtor (Case No. 82 B 13324). S.A. HEALY COMPANY, a corporation for the use of National Underground Construction Company, Inc., Plaintiff-Appellant, v. The METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, a municipal corporation, Defendant-Appellee.

United States District Court, N.D. Illinois, E.D.

July 31, 1984.

Attorney(s) appearing for the Case

Donald V. O'Brien, Barbara J. Stuetzer, Keevan D. Morgan, O'Brien, O'Rourke, Hogan & McNulty, Chicago, Ill., for plaintiff-appellant.

Allen S. Lavin, Jack Shankman, Chicago, Ill., for defendant-appellee.

MEMORANDUM AND ORDER

NICHOLAS J. BUA, District Judge.

S.A. Healy Company ("Healy"), for the use and benefit of National Underground Construction Company, Inc. ("National"), appeals from an order dismissing its complaint entered by Bankruptcy Judge Thomas James in No. 83 A 189 (82 B 13324) (Bankr.N.D.Ill. Jan. 20, 1984). The issue presented on appeal is whether National may bring an action for breach of contract in the name of Healy for the use of National...

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