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DECATUR CONTRACTING v. BELIN, BELIN & NADDEO

Nos. 89-3566 to 89-3568, 89-3590.

898 F.2d 339 (1990)

DECATUR CONTRACTING d/b/a Hoffman Construction Company, Inc. v. BELIN, BELIN & NADDEO, a partnership, Glen Irvan Corp. M.A.W.G., Inc., t/a C.A.M., Co., Erie Bearings Company, Place Electric Supply, Inc., Brumbaugh Insurance Group, United States of America (Internal Revenue Service), Commonwealth of Pennsylvania (Department of Labor & Industry) and Commonwealth of Pennsylvania (Department of Revenue), Central Bank. Appeal of CENTRAL BANK. DECATUR CONTRACTING d/b/a Hoffman Construction Company, Inc. v. BELIN, BELIN & NADDEO, a partnership, Glen Irvan Corp. M.A.W.F., Inc., t/a C.A.M., Co., Erie Bearings Company, Place Electric Supply, Inc., Brumbaugh Insurance Group, United States of America (Internal Revenue Service), Commonwealth of Pennsylvania (Department of Labor & Industry) and Commonwealth of Pennsylvania (Department of Revenue) James R. Huff, II, Trustee, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 6, 1990.

As Amended May 31, 1990.

Attorney(s) appearing for the Case

James R. Walsh, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, Pa. and Gary W. Short, Pittsburgh, Pa., for appellants.

Laverne M. Kovacs, Levine, Reese & Serbin, Altoona, Pa., Eugene J. Brew, Jr., McClure & Miller, Erie, Pa., Thomas M. Kalinyak, Johnstown, Pa., and Deborah C. Phillips, Com. of Pa. Dept. of Labor and Industry, Pittsburgh, Pa., for appellees.

Before BECKER, GREENBERG and NYGAARD, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) January 17, 1990.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

In this bankruptcy matter, James R. Huff, II, (Trustee) and Central Bank, a judgment creditor of Decatur Contracting d/b/a Hoffman Construction Company, Inc. (Decatur), appealed to the district court from an order of the bankruptcy court which (a) permitted the Trustee to avoid Central Bank's judicial lien on a money judgment obtained by Decatur...

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