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IN RE S.G. PHILLIPS CONSTRUCTORS, INC.

Nos. 1813, 1950, Dockets 94-5009(L), 94-5011XAP.

45 F.3d 702 (1995)

In re S.G. PHILLIPS CONSTRUCTORS, INC., Debtor. S.G. PHILLIPS CONSTRUCTORS, INC., Appellant-Cross-Appellee, v. CITY OF BURLINGTON, VERMONT, Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 25, 1995.

Attorney(s) appearing for the Case

John J. Kennelly, Rutland, VT (Carroll, George & Pratt, of counsel), for appellant-cross-appellee.

John L. Franco, Jr., Burlington, VT (McNeil, Leddy & Sheahan, P.C., of counsel), for appellee-cross-appellant.

Before: WINTER and WALKER, Circuit Judges, and WARD, District Judge.

WALKER, Circuit Judge:

Debtor in bankruptcy S.G. Phillips Constructors, Inc. ("Phillips") appeals from a final order of the United States District Court for the District of Vermont (Franklin S. Billings, Jr., Chief Judge). On appeal, Phillips, a construction company from which the City of Burlington, Vermont ("the City") is seeking damages in contract, argues principally that the district court erred in holding that the bankruptcy...

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