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IN RE MMR HOLDING CORP.

Civil Action No. 96-362-A.

199 B.R. 611 (1996)

In re MMR HOLDING CORPORATION. AETNA CASUALTY & SURETY COMPANY v. GUST K. NEWBERG CONSTRUCTION COMPANY, et al.

United States District Court, M.D. Louisiana.

August 23, 1996.

Attorney(s) appearing for the Case

Douglas S. Draper, Friend, Wilson, Draper, Hubbard & Bowling, New Orleans, Louisiana, for Appellant Gust K. Newberg Construction Company.

Daniel Alan Smith, Deutsch, Kerrigan & Stiles, New Orleans, Louisiana, for Appellee Aetna Casualty and Surety Company.

John M. Landis, Marc David Winsberg, Stone, Pigman, Walther, Wittman & Hutchinson, New Orleans, Louisiana, for Appellee MMR Holding Corporation.

RULING ON APPEAL

JOHN V. PARKER, Chief Judge.

This is an appeal from an adversary proceeding in the Bankruptcy Court. Gust K. Newberg Construction Company ("Newberg"), timely appeals a judgment of the Bankruptcy Court, dated February 22, 1996. Aetna Casualty & Surety Company ("Aetna") has filed a response. Newberg has filed a reply brief. There is no need for oral argument. The court has jurisdiction pursuant...

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