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IN RE ROCCHIO AND SONS, INC.

Bankruptcy No. 93-12999. Adv. No. 93-1196.

165 B.R. 86 (1994)

In re ROCCHIO AND SONS, INC., Debtor. ROCCHIO AND SONS, INC., Plaintiff, v. STATE OF RHODE ISLAND, DEPARTMENT OF TRANSPORTATION, Defendant.

United States Bankruptcy Court, D. Rhode Island.

March 21, 1994.

Attorney(s) appearing for the Case

Sheldon Scoliard, Halpert & Scoliard, Providence, RI, for debtor/plaintiff.

Terence J. Tierney, Sp. Asst. Atty. Gen., Providence, RI, for State of RI, Dept. of Transp.

Maury A. Ryan, Providence, RI, for Narragansett Improvement Co.

Michael P. Duffy, Peabody & Arnold, Providence, RI, for St. Paul Mercury Ins. Co. and St. Paul Fire & Marine Ins. Co.

ORDER

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

The Debtor filed this adversary proceeding against the Rhode Island Department of Transportation requesting that the State be ordered, pursuant to 11 U.S.C. § 542, to turn over funds owed to the Debtor under certain construction contracts. The State has filed a Motion to Dismiss, on the ground of sovereign immunity, arguing that the relief sought in this action is barred by the Eleventh Amendment...

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