IN RE CAPITOL-YORK CONST. CORP.

Bankruptcy No. 84 B 20192.

43 B.R. 52 (1984)

In re CAPITOL-YORK CONSTRUCTION CORP., Debtor. CAPITOL-YORK CONSTRUCTION CORPORATION, Petitioner, v. LYNNHAVEN MARINE CONSTRUCTION, INC., Respondent.

United States Bankruptcy Court, S.D. New York.

September 24, 1984.


Attorney(s) appearing for the Case

David H. Adams, Norfolk, Va., Lenefsky & Meier, New York City, for debtor.

Spriggs, Bode & Hollingsworth, Washington, D.C., for Lynnhaven Marine Const. Corp.

Sidney Turner, White Plains, N.Y., for Creditors' Committee.


DECISION ON ORDER TO SHOW CAUSE FOR A DECLARATORY JUDGMENT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The debtor, Capitol-York Construction Corp. ("Capitol-York") seeks a declaratory judgment that the respondent, Lynnhaven Marine Construction, Inc. ("Lynnhaven") is prohibited by the automatic stay under Code § 362 from continuing litigation under the Miller Act, 40 U.S.C. §§ 270a-270d, against Capitol-York's surety in the District Court for the...

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