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U.S. FIDELITY & GUAR. CO. v. DJF REALTY & SUPPLIERS

Nos. 85-CV-1294 to 85-CV-1296.

58 B.R. 1008 (1986)

UNITED STATES FIDELITY & GUARANTY COMPANY, Appellant, v. DJF REALTY & SUPPLIERS, INC., Appellee. UNITED STATES FIDELITY & GUARANTY COMPANY, Appellant, v. VINCOL CONSTRUCTION CO., INC., Appellee. UNITED STATES FIDELITY & GUARANTY COMPANY, Appellant, v. VINCENT J. FASANO, INC., Appellee.

United States District Court. N.D. New York.

As Amended April 3, 1986.

Attorney(s) appearing for the Case

Goldberg, Harding & Talev, Syracuse, N.Y., for appellee; Harold P. Goldberg, of counsel.

Menter, Rudin & Trivelpiece, Syracuse, N.Y., for appellant; Gerald J. Mathews, of counsel.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

Appellant, United States Fidelity and Guaranty Company ("USF & G"), appeals from the Bankruptcy Court's June 27, 1985 decision dismissing the involuntary petitions filed against Vincent J. Fasano, Inc. ("Fasano"), DFJ Realty & Supplier, Inc., and Vincol Construction Co., Inc. ("the alleged debtors"). For the reasons discussed below, the Bankruptcy Court's decision is reversed insofar as the finding...

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