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IN RE WM. CARGILE CONTRACTOR, INC.

Bankruptcy No. 1-92-04791, Adversary No. 94-1098.

203 B.R. 644 (1996)

In re WM. CARGILE CONTRACTOR, INC., Debtor. Norman SLUTSKY, Trustee, Plaintiff, v. The CITY OF CINCINNATI, Defendant and Third Party Plaintiff, v. BARRETT PAVING MATERIALS, et al., Third-Party Defendants.

United States Bankruptcy Court, S.D. Ohio, Western Division.

December 31, 1996.

Attorney(s) appearing for the Case

Robert G. Sanker, Michael L. Scheier, Cincinnati, OH, for Plaintiff.

Grady L. Pettigrew, Columbus, OH, for USF & G.

John J. Williams, Assistant City Solicitor, Cincinnati, OH.

DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

BURTON PERLMAN, Bankruptcy Judge.

This adversary proceeding arises in a bankruptcy case in which the debtor originally filed under Chapter 11 but subsequently converted its case to Chapter 7. The debtor had been engaged in the construction business. Plaintiff in the present adversary proceeding is the Chapter 7 trustee of the debtor. That trustee here seeks to recover from the defendant City of Cincinnati, the...

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