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IN RE CHANTILLY CONST. CORP.

Bankruptcy No. 82-01571-A, Adv. No. 83-0303-A.

45 B.R. 297 (1985)

In re CHANTILLY CONSTRUCTION CORPORATION, Debtor. CHANTILLY CONSTRUCTION CORPORATION, Plaintiff, v. JOHN DRIGGS COMPANY, INC., and The Aetna Casualty and Surety Company, Defendants.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

January 8, 1985.

Attorney(s) appearing for the Case

Robert G. Watt, David C. Romm, Watt, Tieder, Killian & Hoffer, McLean, Va., for debtor.

Stephen J. Johnson, Andrew D. Ness, Lewis, Mitchell & Moore, Vienna, Va., for defendant, John Driggs Company, Inc.

John F. Mardula, Vienna, Va., for John Driggs Co., Inc. and the Aetna Casualty and Surety Co.

MEMORANDUM OPINION

MARTIN V.B. BOSTETTER, Jr., Bankruptcy Judge.

This matter arises upon the filing of a motion for summary judgment by John Driggs Co. ("Driggs"), defendant herein. On June 14, 1983, Chantilly Construction Corporation ("Chantilly" or "debtor") filed a multi-count complaint against Driggs. The genesis of debtor's complaint concerns a construction contract on Interstate Highway I-66 ("I-66") that Driggs entered into as a prime contractor with...

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