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MATTER OF GATES ENGINEERING CO., INC.

Bankruptcy No. 89-44, Adversary No. 89-15.

104 B.R. 655 (1989)

In the Matter of GATES ENGINEERING CO., INC., Debtor. GATES ENGINEERING CO., INC., Plaintiff, v. INTERNATIONAL FIDELITY INSURANCE COMPANY, Defendant.

United States Bankruptcy Court, D.Delaware.

July 24, 1989.

Attorney(s) appearing for the Case

James L. Patton, Jr., David W. O'Connor, Young, Conaway, Stargatt & Taylor, Wilmington, Del., Douglas J. Smillie, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for debtor/plaintiff.

Francis J. Trzuskowski, Trzuskowski, Kipp, Kelleher & Pearce, P.A., Wilmington, Del., Roger M. Whelan, Mark H. Berman, Verner, Liipfert, Bernhard, McPherson & Hand, Chartered, Washington, D.C., for defendant.

MEMORANDUM OPINION AND ORDER

HELEN S. BALICK, Bankruptcy Judge.

Gates Engineering Co., Inc. is a debtor-in-possession having filed a Chapter 11 case on January 25, 1989. On February 21, Gates sued International Fidelity Insurance Company (IFIC) for $182,670.27. Gates seeks to recover this sum under performance bonds that IFIC issued to Great Western Roofing, Inc. (GWR). GWR was a roofing contractor that entered into contracts with the United States of America...

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