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IN RE BANNER IRON WORKS

Bankruptcy No. 84-01936(2), Claim No. 424.

69 B.R. 548 (1987)

In re BANNER IRON WORKS, Debtor.

United States Bankruptcy Court, E.D. Missouri, E.D.

January 28, 1987.

Attorney(s) appearing for the Case

Barry Schermer, Clayton, Mo., for Creditors' Committee.

Harvey G. Schneider, St. Louis, Mo., for Pepper/Tarlton.

Gregory D. Willard, St. Louis, Mo., for Centerre Bank.

Francis L. Kenney, III, Clayton, Mo., John Evans, St. Louis, Mo., for Bethlehem Steel.

Jordan B. Cherrick, St. Louis, Mo., for debtor.

David M. Duree, St. Louis, Mo., for American Ins. Co.

MEMORANDUM OPINION

DAVID P. McDONALD, Bankruptcy Judge.

FINDINGS OF FACT

(1) At some point prior to the commencement of the instant bankruptcy case, Banner Iron Works ("Banner") and the Gilbane Building Company ("Gilbane") entered into a construction contract, known as the Ballston Common Mall Construction Contract.

(2) In connection with this contract, the American Insurance Company ("American") issued payment and performance bonds naming...

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