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IN RE DIAZ CONTRACTING, INC.

No. 86-5198.

817 F.2d 1047 (1987)

In re DIAZ CONTRACTING, INC., A New Jersey Corporation (Debtor). DIAZ CONTRACTING, INC., A New Jersey Corporation v. NANCO CONTRACTING CORP., A New York Corporation; Quickway, Inc., A Pennsylvania Corporation. Appeal of NANCO CONTRACTING CORP.

United States Court of Appeals, Third Circuit.

Decided April 30, 1987.

As Amended May 12, 1987.

Attorney(s) appearing for the Case

Michael A. Mulqueen, (argued), Ross and Cohen, New York City, for appellant.

Joseph Lubertazzi, Jr. (argued), Richard W. Hill, McCarter and English, Newark, N.J., for appellee.

Before HIGGINBOTHAM and BECKER, Circuit Judges, and DUMBAULD, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, JR., Circuit Judge.

This action began as an adversary proceeding before the United States Bankruptcy Court for the District of New Jersey (Camden Division) to recover monies owed. Defendant-appellant Nanco Contracting Corporation ("Nanco") appeals from the order of the district court affirming the prior order of the bankruptcy court that, in pertinent part, denied Nanco's motion to dismiss the complaint of plaintiff...

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