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IN RE HUSTING LAND & DEVELOPMENT, INC.

No. 97-20309 JAB.

255 B.R. 772 (2000)

In re HUSTING LAND & DEVELOPMENT, INC., Reorganized Debtor.

United States Bankruptcy Court, D. Utah, Central Division.

November 22, 2000.

Attorney(s) appearing for the Case

Steven F. Allred, Steven F. Allred, P.C., Orem, UT, Duane H. Gillman, McDowell & Gillman, P.C., Salt Lake City, UT, for R.A. McKell Excavating, Inc.

R. Kimball Mosier, Parsons Davies Kinghorn & Peters, Salt Lake City, UT, for Chapter 11 Trustee.

F. Wayne Elggren, Neilson, Elggren, Durkin & Co., Salt Lake City, UT, for Chapter 11 Trustee.

George W. Pratt, Adam S. Affleck, Jones, Waldo, Holbrook & McDonough, Salt Lake City, UT, for Webb Family Trust.

Daniel E. Garrison, Michael R. Johnson, Snell & Wilmer, Salt Lake City, UT, for Construct Tech, Inc.

Peter Kuhn, Salt Lake City, UT, for United States Trustee.

MEMORANDUM DECISION AND ORDER

JUDITH A. BOULDEN, Bankruptcy Judge.

This is a contested matter arising from the application for allowance of administrative expense filed by R.A. McKell Excavating, Inc. (RAM) in the Chapter 11 case of Husting Land & Development, Inc. (Husting). The issue presented is whether or not the administrative expense claim of RAM is allowable as a post-petition debt incurred in the ordinary course of business pursuant to 11 U.S...

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