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  5. 145 B.R. 998 (1992)
 

IN RE NEWBERY CORP.

Bankruptcy No. 87-3466-PHX-RGM, Adv. No. 88-817-PHX-RGM, BAP No. AZ-91-2045-MeJR.

145 B.R. 998 (1992)

In re NEWBERY CORPORATION, fka Newbery Electric, Inc., Debtor. NEWBERY ELECTRIC, INC., Appellant, v. MCI CONSTRUCTORS, INC., Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided October 20, 1992.

Attorney(s) appearing for the Case

Malcolm A. Misuraca, San Francisco, for appellant.

Charles W. Lowe, Phoenix, Ariz., for appellee.

Before MEYERS, JONES and RUSSELL, Bankruptcy Judges.

OPINION

MEYERS, Bankruptcy Judge:

I

Newbery Electric, Inc. ("Debtor") appeals from the order of the bankruptcy court which held that MCI Constructors, Inc. ("MCI") is entitled to recoup pre-petition damages from post-petition rents claimed by the Debtor. We AFFIRM.

II

FACTS

On April 30, 1985, MCI entered into a contract to construct a wastewater treatment plant ("Project")...

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