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IN RE BOSTON SHIPYARD CORP.

No. 89-1144.

886 F.2d 451 (1989)

In re BOSTON SHIPYARD CORP., Debtor. Appeal of BOSTON SHIPYARD CORP.

United States Court of Appeals, First Circuit.

Decided September 27, 1989.

Attorney(s) appearing for the Case

Kevin F. Moloney with whom Barron & Stadfeld, P.C., Boston, Mass., was on brief, for appellant.

Andrea J. Larry, Civ. Div., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., Washington, D.C., Wayne Budd, U.S. Atty., Boston, Mass., John P. McCambridge, Military Sealift Command, Atlantic, Dept. of Navy, J. Christopher Kohn and Robert M. Hollis, Civ. Div., Dept. of Justice, Washington, D.C., were on brief, for appellee U.S.

Before CAMPBELL, Chief Judge, REINHARDT and TORRUELLA, Circuit Judges.

TORRUELLA, Circuit Judge.

Boston Shipyard Corporation ("BSC") appeals from the decision of the district court, which affirmed the bankruptcy court's grant of summary judgment in favor of appellee, the United States Military Sealift Command ("MSC").

I. Background

BSC entered into a contract with MSC to overhaul the USNS Mississinewa. This contract was awarded even though BSC was in the midst of a Chapter 11 reorganization in the bankruptcy...

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