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IN RE JAMES

Bankruptcy No. 1-83-00794, Adv. No. 1-83-0457.

78 B.R. 159 (1987)

In re Alvin Lebron JAMES, a/k/a A.L. James, d/b/a James Plumbing Company, Debtor. Kyle R. WEEMS, Trustee, Plaintiff, v. PAUL R. WALKER COMPANY, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

January 28, 1987.

Attorney(s) appearing for the Case

Weill & Weems, Chattanooga, Tenn., for plaintiff.

Harry Cash of Brown, Dobson, Burnette & Kesler, Chattanooga, Tenn., for defendant.

MEMORANDUM

RALPH H. KELLEY, Chief Judge.

The trustee in bankruptcy has moved for partial summary judgment. The main question is a question of law.

The defendant, Walker, was building an apartment complex. Walker let a contract to the debtor to do the plumbing work. They agreed that Walker would withhold 10 percent from the payments due the debtor. Walker withheld 10 percent from what it owed the debtor. Walker...

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