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IN RE LCS HOMES, INC.

Bankruptcy No. 87-02029-A, Adv. No. 87-0055-A.

103 B.R. 736 (1989)

In re LCS HOMES, INC., Debtor. LCS HOMES, INC., Plaintiff, v. DRIGGS BUILDING SYSTEMS, INC. and John Driggs, Defendants, Robert Fletcher, Intervenor.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

July 25, 1989.

Attorney(s) appearing for the Case

Joseph F. Manson, III, McGary, MacDowell & Manson, P.C., Fairfax, Va., for debtor.

Wiley R. Wright, Jr., H. Bradley Evans, Jr., Hazel, Thomas, Fiske, Beckhorn & Hanes, P.C., Alexandria, Va., for defendant, Driggs Bldg. Systems, Inc.

Robert B. Easterling, Easterling & Goodall, Stafford, Va., for intervenor, Robert Fletcher.

Roy B. Zimmerman, Alexandria, Va., for defendant, John Driggs.

MEMORANDUM OPINION

MARTIN V.B. BOSTETTER, Jr., Chief Judge.

LCS Homes, Inc. (hereinafter "LCS"), a debtor in this Court, filed a complaint against Driggs Building Systems, Inc. (hereinafter "DBSI") seeking a declaratory judgment that DBSI breached its contract by failing to perform a condition precedent. DBSI answered and filed a counterclaim alleging that LCS Homes prevented DBSI from performing the condition precedent by committing an anticipatory breach...

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