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IN RE VIGIL BROS. CONST., INC.

BAP No. AZ-94-2562-JHAs. Bankruptcy No. 90-11948-PHX-SSC.

193 B.R. 513 (1996)

In re VIGIL BROS. CONSTRUCTION, INC., Debtor. CONCRETE EQUIPMENT CO., INC., Appellant, v. James D. FOX; Vigil Bros. Construction, Inc., Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided March 15, 1996.

Attorney(s) appearing for the Case

Paul S. Harter, Phoenix, AZ, for Appellant.

David A. Damore, Scottsdale, AZ, for James D. Fox.

Charles L. Firestein, Phoenix, AZ, for Vigil Bros.

Before: JONES, HAGAN, and ASHLAND, Bankruptcy Judges.

OPINION

JONES, Bankruptcy Judge:

I. FACTS

Joe E. Woods, Inc., ("Woods") a general contractor, entered into a construction contract with Arizona State University. In order to fulfill the terms of the contract, Woods subcontracted with Vigil Bros. Construction, Inc. ("Vigil"). Vigil in turn subcontracted with Concrete Equipment Co., Inc. ("CECO") whereby CECO was obligated to provide equipment and labor necessary for pumping concrete. CECO...

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