IN RE FOREMOST MFG. CO.

No. 96-2535.

137 F.3d 919 (1998)

In re FOREMOST MANUFACTURING COMPANY, Debtor, ARCHITECTURAL BUILDING COMPONENTS, Appellee, v. Homer McCLARTY, Trustee, Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 6, 1998.


Attorney(s) appearing for the Case

Robert A. Peurach (argued and briefed), Fitzgerald & Dakmak, Detroit, MI, for Appellee.

Mark H. Shapiro (argued and briefed), Steinberg & Shapiro, Southfield, MI, for Appellant.

Before: MERRITT, KENNEDY, and BOGGS, Circuit Judges.


OPINION

BOGGS, Circuit Judge.

Bankruptcy trustee Homer McClarty appeals from the decision of the district court, which had reversed the assessment by the bankruptcy court of a surcharge against Architectural Building Components (ABC). We affirm.

I

A

In 1989, ABC (a sub-sub-contractor) bid successfully to Walcon Corporation (a subcontractor) for the manufacture and delivery of louvers for a building project in Philadelphia. The...

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