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MATTER OF HALLMARK BUILDERS, INC.

Bankruptcy No. 84-551-ORL-BK-AP.

57 B.R. 121 (1986)

In the Matter of HALLMARK BUILDERS, INC., Debtor. HALLMARK BUILDERS, INC., Plaintiff, v. Terry CYPHER and Eastern Development Consolidated, Inc., Defendants.

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

January 6, 1986.

Attorney(s) appearing for the Case

Kevin Knight, for plaintiff.

William Harrell, Melbourne, Fla., for Eastern Development Consol.

James H. Harrison, Orlando, Fla., for Terry Cypher.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION

ALEXANDER L. PASKAY, Chief Judge.

THIS IS a Chapter 11 case and the matter under consideration is the assertion of several claims by Hallmark Builders, Inc. (Debtor) against Eastern Development Consolidated, Inc. (EDC) and Terry Cypher (Cypher). The claims are presented by the Debtor in a Complaint consisting of four Counts.

The claim in Count I is based on an alleged breach of an implied...

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