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IN RE GUERRA CONST. CO., INC.

Bankruptcy Nos. 91 B 23608, 92 A 250.

142 B.R. 826 (1992)

In re GUERRA CONSTRUCTION CO., INC. Debtor, NATIONAL CONCRETE PIPE CO., Plaintiff, v. GUERRA CONSTRUCTION CO., INC., an Illinois corporation; J.F. Shea Co., Inc., a corporation; Illinois Department of Transportation and Guerra/Shea JV, a joint venture consisting of Guerra Construction Co., Inc., and J.F. Shea Co., Inc., Defendants.

United States Bankruptcy Court, N.D. Illinois, E.D.

July 21, 1992.

Attorney(s) appearing for the Case

Robert C. Liston, Robert W. Mauter, Law Offices of Liston & Mauter, P.C., Wheaton, Ill., for plaintiff.

Colleen McCloskey von Ohlen, James D. Newbold, Asst. Attys. Gen., Illinois Dept. of Transp., Chicago, Ill., for defendants.

MEMORANDUM OPINION

ERWIN I. KATZ, Bankruptcy Judge.

This matter comes before the Court on co-defendant Illinois Department of Transportation's ["IDOT"] motion to be dismissed as a defendant in this adversary proceeding. For the reasons stated below, the Court finds that IDOT is not properly joined as a co-defendant in this proceeding and orders that IDOT be dismissed as a party-defendant.

National Concrete Pipe Co. ["NCPC"], a creditor of Guerra...

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