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MATTER OF ESTEVES EXCAVATION, INC.

Bankruptcy No. 82-08539.

56 B.R. 802 (1985)

In the Matter of ESTEVES EXCAVATION, INC. and Esteves Construction Co., Inc., New Jersey corporations, Debtors.

United States Bankruptcy Court, D. New Jersey.

December 2, 1985.

Attorney(s) appearing for the Case

Sills, Beck, Cummis, Zuckerman, Radin & Tischman by Edward David, for Intern. Fidelity Ins. Co.

Edward J. Buzak, for Sussex County Mun. Utilities Authority.

D. JOSEPH DeVITO, Bankruptcy Judge.

International Fidelity Insurance Company (International), surety of the above debtor, seeks the release of some $20,064.00, plus retainages and interest, from the Sussex County Municipal Utilities Authority (the Authority), present holder of the noted funds. For the reasons set forth below, the Court denies the motion.

The factual history of this matter commences in October of 1981 when the debtor was awarded a contract...

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