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IN RE HOLMES

Bankruptcy No. 85-01712 T, Adv. No. 86-0351.

76 B.R. 77 (1987)

In re Leander HOLMES t/a Holmes Contracting, Debtor. Leander HOLMES t/a Holmes Contracting, Plaintiff, v. THOMAS M. DURKIN & SONS, INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

July 24, 1987.

Attorney(s) appearing for the Case

Paul A. Logan, Norristown, Pa., for debtor.

Samuel A. Scott, Allentown, Pa., for defendant.

Frederick L. Reigle, Reading, Pa., trustee.

OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

Presently before this court is a motion to dismiss count III of the debtor's complaint alleging a breach of a contract for the construction of an interstate highway in eastern Pennsylvania. The defendant, Thomas M. Durkin and Sons, Inc., was the successful bidder on this Commonwealth of Pennsylvania Department of Transportation ("PennDoT") contract. In order to obtain the contract, the defendant was required...

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