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IN RE O.W. HUBBELL & SONS, INC.

No. 94-CV-1325.

180 B.R. 31 (1995)

In re O.W. HUBBELL & SONS, INC., Debtor.

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

March 27, 1995.

Attorney(s) appearing for the Case

Harter, Secrest & Emery (Brian V. McAvoy, of counsel), Rochester, NY, for Syro, Inc.

Menter, Rudin & Trivelpiece (Joseph N. Bulko, of counsel), Syracuse, NY, for O.W. Hubbell & Sons, Inc.

Hancock & Estabrook (R. John Clark, Michael C. Griffen, of counsel), Syracuse, NY, for Mellon Bank.

MEMORANDUM, DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

On October 25, 1990, Syro, Inc. ("Syro") filed a claim in the amount of $1,861,733.82 in this Chapter 11 bankruptcy action against O.W. Hubbell & Sons, Inc., ("Hubbell"). Syro claims that Hubbell owed this amount for the purchase of guardrails and accessories from Syro. On July 8, 1993, Hubbell filed and allegedly served...

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