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IN RE DALEY'S DUMP TRUCK SERVICES, INC.

Nos. 95-35950, 96-35093.

108 F.3d 213 (1997)

In re DALEY'S DUMP TRUCK SERVICES, INC., Debtor. WALTER & SCI CONSTRUCTION (USA), INC., Appellee, v. DALEY'S DUMP TRUCK SERVICES, INC., a Washington corporation, Appellant. DALEY'S DUMP TRUCK SERVICES, INC., Appellant, v. WALTER & SCI CONSTRUCTION (USA), Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 27, 1997.

As Amended April 8, 1997.

Attorney(s) appearing for the Case

Peter B. Camp, Camp von Kallenbach, Seattle, WA, for the appellants.

Glenn R. Nelson, Oles, Morrison & Rinker, Seattle, WA, for the appellees.

Before: WRIGHT, BRUNETTI, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We examine the interplay of claims between a general contractor on the Downtown Seattle Transit Project and one of its subcontractors which filed for bankruptcy under Chapter 11.

I

Daley's Dump Truck Services, Inc. ("Daley's") was a subcontractor to SCI Contractors, Inc. ("SCI") on the Pine Street Tunnel/Westlake portion of the Downtown Seattle Transit Project for the Municipality of Metropolitan Seattle ("Metro") in 1987...

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