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IN RE CRS STEAM, INC.

BAP No. MW 98-099.

233 B.R. 901 (1999)

In re CRS STEAM, INC. and Thomas F. LeBlanc, Debtors. CRS Steam, Inc. and Thomas F. LeBlanc, Plaintiffs/Appellees, v. Engineering Resources, Inc., Defendant/Appellant.

United States Bankruptcy Appellate Panel of the First Circuit.

May 19, 1999.

Attorney(s) appearing for the Case

Richard A. Sheils, Jr., Barry A. Bachrach and Mark W. Powers, Bowditch & Dewey, LLP, Worcester, MA, on brief for Appellant.

Joseph H. Baldiga and Christine E. Devine, Mirick, O'Connell, DeMallie & Lougee, Worcester, MA, on brief for Appellee Thomas F. LeBlanc; Kevin C. McGee and Darragh K. Kasakoff, Seder & Chandler, Worcester, MA, on brief for Appellee CRS Steam, Inc.

Before: VOTOLATO, LAMOUTTE and HAINES, Bankruptcy Judges.

HAINES, Bankruptcy Judge.

Before the panel is Engineering Resources, Inc.'s appeal of the bankruptcy court's orders denying its motion for partial summary judgment and entering default and default judgment against it in an adversary proceeding initiated by co-plaintiffs (and affiliated Chapter 11 debtors) CRS Steam, Inc. and Thomas F. LeBlanc. For the reasons set forth below, we vacate the default judgment and remand for further proceedings.

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