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IN RE WESTERN STATES DRYWALL, INC.

Bankruptcy No. 91-01258, Adv. No. 92-6055.

145 B.R. 661 (1992)

In re WESTERN STATES DRYWALL, INC., Debtor. Bernie R. RAKOZY, Trustee, Plaintiff, v. DIVERSIFIED TURNKEY CONSTRUCTION CO., and United States of America, Defendants.

United States Bankruptcy Court, D. Idaho.

September 29, 1992.

Attorney(s) appearing for the Case

Jed W. Manwaring, Evans, Keane, Koontz, Boyd, Keane, Koontz, Boyd, Simko & Ripley, Boise, Idaho, for plaintiff.

Andrea M. Pogue, Asst. U.S. Atty., D. Idaho, Boise, Idaho, and Lauren Soloff, U.S. Dept. of Labor, Washington, D.C., for defendant U.S.

Laura Burri, Ringert, Clark, Chartered, Boise, Idaho, for Western States Drywall, Inc.

MEMORANDUM OF DECISION

ALFRED C. HAGAN, Chief Judge.

The chapter 7 trustee of Western States Drywall, Inc., ("debtor"), has filed this adversary proceeding against Diversified Turnkey Construction Co. ("Diversified") and the United States for money allegedly due the debtor under a construction contract. The United States has moved to dismiss the debtor's action against it on the basis of sovereign immunity.

The following is a summary of the allegations...

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