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IN RE OTHA C. JEAN & ASSOCIATES, INC.

Bankruptcy No. 90-13797, Adv. No. 91-1612.

152 B.R. 219 (1993)

In re OTHA C. JEAN & ASSOCIATES, INC., Debtor. USBI CO., Plaintiff, v. OTHA C. JEAN & ASSOCIATES, INC., Peoples Bank of Elk Valley, Dominion Bank of Middle Tennessee, and the United States of America, acting through the Defense Contract Auditing Agency of the Department of Defense, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

February 18, 1993.

Attorney(s) appearing for the Case

James T. Baxter, III and L. Bruce Ables, Berry, Ables, Tatum, Little & Baxter, Huntsville, AL, for plaintiff, USBI Co.

William L. Norton, III, Boult, Cummings, Connor & Berry, Nashville, TN, for defendants, Peoples Bank and Dominion Bank.

MEMORANDUM

RALPH H. KELLEY, Chief Judge.

This adversary proceeding has become a dispute between USBI on one side and the two banks on the other side. USBI hired the debtor, Jean & Associates, as a subcontractor. After filing bankruptcy, Jean & Associates billed USBI about $99,000 for work done under the contracts. USBI asserts a claim against Jean & Associates for about $476,000 in overpayments under earlier contracts. USBI argues that it can...

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