OPINION
SPIEGEL, District Judge.
This is an appeal from an order of the bankruptcy judge denying defendant-appellant's motion to dismiss. Plaintiff-appellee Kuempel Company is a Chapter 11 debtor in possession under bankruptcy proceedings pending in the Bankruptcy Court for the Southern District of Ohio. On March 10, 1983, plaintiff-appellee filed its complaint against defendant-appellant Dugan & Meyers Construction...
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