ST. REGIS PAPER CO. v. QUALITY PIPELINE

No. 83-2113.

469 So.2d 820 (1985)

ST. REGIS PAPER COMPANY/SOUTHERN CULVERT OPERATIONS, Appellant, v. QUALITY PIPELINE, INC., and KTI Corporation, Appellees.

District Court of Appeal of Florida, Second District.

Rehearings Denied May 30, 1985.


Attorney(s) appearing for the Case

Joseph D. McFarland of Devito, Colen & Forlizzo, St. Petersburg, for appellant.

Chad P. Pugatch of Cooper, Shahady, Frazier, Pugatch & Meyer, Fort Lauderdale for appellee Quality Pipeline, Inc.

Anthony H. Pelle of Katz, Squitero, Linden & Faust, Miami, for appellee KTI Corp.


DANAHY, Judge.

The question we must answer is whether a plan of reorganization, accepted by the creditors and approved by a bankruptcy court, extinguishes the right of one creditor to proceed in state court to enforce a state judgment against another creditor. The trial court, agreeing with the appellees, answered yes. We disagree.

Appellee Quality Pipeline, Inc. (Quality), a subcontractor, entered into a contract and provided substantial work in the nature...

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