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IN RE BEECHE SYSTEMS CORP.

No. 92-CV-1659(FJS).

164 B.R. 12 (1994)

In re BEECHE SYSTEMS CORP., Debtor. BEECHE SYSTEMS CORP., Plaintiff-Appellee, v. D.A. ELIA CONSTRUCTION CORP., Defendant-Appellant.

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

January 24, 1994.

Attorney(s) appearing for the Case

Saperston, Day Law Firm, Buffalo, NY, for defendant-appellant; Raymond L. Fink, of counsel.

DeGraff, Foy Law Firm, Albany, NY, for plaintiff-appellee; Robert J. Rock, of counsel.

MEMORANDUM-DECISION AND ORDER

SCULLIN, District Judge.

I. Background

In November 1990, appellant D.A. Elia Construction Corp. ("Elia") submitted a bid to the New York State Thruway Authority ("Thruway Authority") to provide materials and perform services in connection with a pier rehabilitation project at the Castleton Bridge (the "project"). As part of its bid, Elia allocated $62,000 as an estimate for its cost in obtaining scaffolding...

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