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IN RE MERCER

Bankruptcy No. 93-01814. Adv. No. A93-03027.

169 B.R. 694 (1994)

In re Richard A. MERCER, Jr. and Sharon Louise Mercer, Debtors. FRATERNAL ORDER OF EAGLES, AERIE 1490, a Washington nonprofit corporation, Plaintiff, v. Richard A. MERCER, Jr. and "Jane Doe" Mercer, husband and wife, dba Custom Renovators, U.S. Bank, an Insurance Company, Defendants/Third Party Plaintiffs, v. Ray YOUNG and Jane Doe Young, Third Party Defendants.

United States Bankruptcy Court, W.D. Washington, at Seattle.

June 6, 1994.

Attorney(s) appearing for the Case

David L. Tingey, Renton, WA, for plaintiff.

David Joseph Smith, Kirkland, WA, for defendants.

OPINION ON MOTION FOR RECONSIDERATION

SAMUEL J. STEINER, Chief Judge.

FACTS

In 1992, the Fraternal Order of Eagles contracted with debtor Richard Mercer, dba Custom Renovators, for the construction of an addition to the Eagles' building. The Eagles filed this adversary proceeding to determine the dischargeability of expenses which it incurred in obtaining completion of the contract, after the debtor failed to perform.

The debtor...

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