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IN RE BASS MECHANICAL CONTRACTORS, INC.

Bankruptcy Nos. FA 87-73F, CMS 87-735, CMS 87-736 and CMS 87-979.

84 B.R. 1009 (1988)

In re BASS MECHANICAL CONTRACTORS, INC., Debtor. HECKATHORN CONSTRUCTION COMPANY, INC., York-Shipley, A Division of Donlee Technologies, Inc., Tyson Foods, Inc., and Tyson Food Employee Pension Trust, Plaintiffs, v. BASS MECHANICAL CONTRACTORS, INC., and Jill Jacoway, Trustee, Defendants. Haskell JOHNSON, Howard Baird & Courtney C. Crouch, Trustees (or their Successors) of Tyson's Food Employee Pension Trust; and Tyson Foods, Inc., Plaintiffs, v. BASS MECHANICAL CONTRACTORS, INC. and Jill Jacoway, Trustee, Defendants. YORK-SHIPLEY, A DIVISION OF DONLEE TECHNOLOGIES, INC., Plaintiff, v. BASS MECHANICAL CONTRACTORS, INC., Defendant.

United States Bankruptcy Court, W.D. Arkansas, Fayetteville Division.

March 23, 1988.

Attorney(s) appearing for the Case

Marcia M. Brinton, Fayetteville, Ark., for Jill R. Jacoway, Trustee.

Stephen E. Adams, Fayetteville, Ark., for Heckathorn Const. Co., Inc.

Larry J. Thompson, Springdale, Ark., for First Nat. Bank of Springdale.

Steve Crane, North Little Rock, Ark., for York-Shipley, a Div. of Donlee Technologies, Inc.

Charles Stutte, Fayetteville, Ark., for Tyson Foods, Inc. and Tyson Food Employee Pension Trust.

Kit Williams, Fayetteville, Ark., for Bass Mechanical Contractors, Inc.

Marshall Dale Evans, Fayetteville, Ark., for Delbert and Mary Bass.

MEMORANDUM OPINION

ROBERT F. FUSSELL, Chief Judge.

A. Procedural Background

On January 20 and 21, 1988, this Court conducted an evidentiary hearing on the above contested matters and the chapter 7 trustee's Motion for Proposed Distribution of Assets from the estate of the debtor, Bass Mechanical Contractors, Inc. (Bass Mechanical). The contested matters and motion were consolidated for trial by agreement of all parties.

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