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IN RE ML & ASSOCIATES, INC.

Bankruptcy No. 00-37462-SAF-7. Adversary No. 03-3442.

302 B.R. 857 (2003)

In re ML & ASSOCIATES, INC., Debtors. Amerisure Insurance Company, Plaintiff, v. ML & Associates, Inc., City of Highland Village and Hiram "Chip" Johnson, Defendants.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

December 1, 2003.

Attorney(s) appearing for the Case

David M. Pruessner, Dallas, TX, for Plaintiff, Amerisure Insurance Co.

Edwin P. Voss, Jr., Brown & Hofmeister, Dallas, TX, for Defendant, City of Highland Village, Texas.

Dennis L. Roossien, Jr., Munsch, Hardt, et al., Dallas, TX, for Defendant, Hiram" Chip" Johnson.

Rod L. Poirot, Cavazos, Hendricks and Poirot, Dallas, TX, for Defendant, James W. Cunningham, Chapter 7 Trustee.

MEMORANDUM OPINION AND ORDER

STEVEN A. FELSENTHAL, Chief Judge.

ML & Associates, Inc. ("MLA"), the debtor, served as the general contractor for the construction of a municipal complex for the City of Highland Village, Texas. After completion of construction, Highland Village filed a complaint against MLA and others, including subcontractors, for physical damage to the building. Amerisure Insurance Company, the plaintiff in this adversary proceeding...

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