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LONE STAR INDUSTRIES, INC. v. NELSTAD MATERIAL CORP.

No. 92 Civ. 3040 (VLB).

811 F.Supp. 147 (1993)

LONE STAR INDUSTRIES, INC., Plaintiff, v. NELSTAD MATERIAL CORP. and James Capossela, Defendants.

United States District Court, S.D. New York.

January 25, 1993.

Attorney(s) appearing for the Case

Lawrence E. Tofel, Tofel Berelson & Salx, New York City, for plaintiff.

John A. Tartaglia, New Rochelle, NY, for defendants.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

Lone Star Industries, Inc. ("Lone Star"), a supplier of stone to, and now a creditor of, Nelstad Material Corp. ("Nelstad") which is now in bankruptcy, seeks through this suit to enforce a personal guarantee of Nelstad's indebtedness to Lone Star, bearing the name of defendant James Capossela ("Capossela"), a principal of Nelstad. For the reasons which follow, I grant Lone Star's motion for...

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