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IN RE MISENER INDUSTRIES, INC.

Bankruptcy No. 83-2592, Adv. No. 85-28.

54 B.R. 89 (1985)

In re MISENER INDUSTRIES, INC., Debtor. MISENER INDUSTRIES, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

October 11, 1985.

Attorney(s) appearing for the Case

Don M. Stichter, Tampa, Fla., for plaintiff.

Marika Lancaster, Trial Atty., Tax Div., Dept. of Justice, Washington, D.C., Lynne England, Tampa, Fla., for defendant, U.S.A.

ORDER ON MOTION TO DISMISS COUNTS I AND II

ALEXANDER L. PASKAY, Chief Judge.

THIS CAUSE came on for hearing upon a Motion of United States of America to Dismiss Counts I and II of Plaintiff's Complaint. The Court has considered the record together with the arguments of counsel and finds the following to be the undisputed facts.

The Debtor/Plaintiff in this case, Misener Industries, Inc. (Misener) contracted to build two barges for the United States...

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