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IN RE MiSCOTT CORP.

Bankruptcy Nos. 84-01235-BKC-SMW, 84-0647-BKC-SMW-A.

49 B.R. 893 (1985)

In re MiSCOTT CORPORATION, f/k/a MiScott Construction Corp., Debtor. MiSCOTT CORPORATION, f/k/a MiScott Construction Corporation, a Florida corporation, Plaintiff, v. ZAREMBA WALDEN CO., a Florida corporation; and Walden Communities, Inc., a Florida corporation, d/b/a Walden Development Co.; Zaremba Communities Co., a Florida corporation; Florida Power and Light Company, a public utility company; Dade County, Florida, a political subdivision of the State of Florida; Glendale Federal Savings and Loan Association, a savings and loan association; and Safeco Insurance Company of America, a foreign insurance company, Defendants.

United States Bankruptcy Court, S.D. Florida.

June 3, 1985.

Attorney(s) appearing for the Case

Robert Paul Keeley, Zeiher & Schroeder, Raymond B. Ray, Fort Lauderdale, Fla., for debtor.

Robert Plafsky, Ruden, Barnett, McClosky, Schuster & Russell, P.A., Fort Lauderdale, Fla., for Walden.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SIDNEY M. WEAVER, Bankruptcy Judge.

THIS CAUSE having come before the Court as an adversary proceeding by the Debtor on a Complaint to Foreclose Mechanics' Lien and Collect Monies Due, and the Court having heard the testimony and examined the evidence presented; observed the candor and demeanor of the witnesses; considered the arguments of counsel; reviewed the post trial memoranda, and being otherwise fully advised...

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