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IN RE SWANSON GENTLEMEN ALGER, INC.

Bankruptcy No. 90-81994, Adv. No. 91-8070.

140 B.R. 725 (1992)

In re SWANSON GENTLEMEN ALGER, INC., Debtor. FOX CONSTRUCTION, INC., Plaintiff, v. GALESBURG HOUSING DEVELOPMENT CORP., Swanson Gentlemen Alger, Inc., Du-Mont Company, and Schebler Company, Defendants. SCHEBLER COMPANY, Third-Party Plaintiff, v. KNOX COUNTY HOUSING AUTHORITY, Third-Party Defendant.

United States Bankruptcy Court, C.D. Illinois.

May 15, 1992.

Attorney(s) appearing for the Case

Daniel B. Stoerzbach, Barash, Stoerzbach & Henson, Galesburg, Ill., for plaintiff.

Roger L. Williamson, McLaughlin, Neagle, Hattery Simpson & West, Galesburg, Ill., for Knox County Housing Authority and Galesburg Housing Development Corp.

Richard A. Davidson, Lane & Waterman, Davenport, Iowa, for Schebler Co.

Gary T. Rafool, Peoria, Ill., for debtor, Swanson Gentlemen Alger, Inc.

William H. Christison, Peoria, Ill., Chapter 7 Trustee.

OPINION

WILLIAM V. ALTENBERGER, Bankruptcy Judge.

This matter is before the Court on cross motions for summary judgment filed by Fox Construction, Inc., (FOX), Galesburg Housing Development Corp., (GHDC), Knox County Housing Authority, (KCHA), and Schebler Company, (Schebler). In a prior opinion filed January 13, 1992, denying motions to dismiss, this Court set forth the facts and will not repeat them here except to the extent necessary for its decision...

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