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IN RE C & C EXCAVATING, INC.

Bankruptcy No. 00-43424, Adversary No. 01-40210.

288 B.R. 251 (2002)

In re C & C EXCAVATING, INC., Debtor. Halstead Contractors, Inc., Plaintiff, v. C & C Excavating, Inc., Colonial Bank, Inc., Southeast Materials Corporation, Asphalt Paving Company, Inc., Sherman International Corp., Gary Ingram Grading & Paving, Inc., the United States of America, the State of Alabama, and Action Utility Contractors, Inc., Defendants.

United States Bankruptcy Court, N.D. Alabama, Eastern Division.

July 17, 2002.

Attorney(s) appearing for the Case

Harry Long, Anniston, AL, for Debtor.

James G. Henderson, Birmingham, AL, trustee.

MEMORANDUM OF OPINION AND ORDER

JAMES S. SLEDGE, Bankruptcy Judge.

Plaintiff Halstead Contractors, Inc.("Halstead") is a general contractor that entered into various subcontracts with C & C Excavating, Inc. (the "Debtor"). The Debtor agreed to be a subcontractor for Halstead in the construction of projects in Tuskegee, Greenville, and Montgomery, Alabama. The Debtor failed to pay its subcontractors (the "Sub-subcontractors"), and the Debtor filed...

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