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IN RE ESTES GROUP, INC.

Bankruptcy No. 01 B 15312, Adversary No. 01 A 00800.

299 B.R. 502 (2003)

In re The ESTES GROUP, INC., an Illinois Corporation, Debtor. Midwest Generation EME LLC, Defendant/Cross-Claimant/Counter-Plaintiff/Third Party Plaintiff, v. The Estes Group, Inc., Defendant/Cross-Claimant/Cross-Claim Defendant, and Alford Services, Inc., Third-Party Defendant.

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

September 17, 2003.

Attorney(s) appearing for the Case

Douglas K. Morrison, Morrison & Mix, Chicago, IL, for Plaintiff.

John V. Hanson, Hanson and Hanson, Morris, IL, Charles J. Myler, Richard G. Larsen, Myler, Ruddy & McTavish, Aurora, IL, Cindy Johnson, Johnson & Associates, Chicago, IL, for Third Party Defendant.

Paul E. Kelly, Hoffman, Burke and Bozick, Chicago, IL, Joel J. Sprayregen, Shefsky & Froelich, Ltd., Chicago, IL, Richard M. Bendix, Schwartz, Cooper, Greenberger, Krauss, Chtd., Chicago, IL, William L. Caughman III, Kean, Miler, Hawthorne, D'Armond, McCowan & Jarman, LLP, Baton Rouge, LA, Kevin L. Kolton, Jason M. Torf, Schiff, Hardin & Waite, Chicago, IL, for Defendant.

Stephen Wolfe, Office of the U.S. Trustee, Chicago, IL, for the U.S. Trustee.

James M. Dash, Norman B. Newman, Much, Shelist, Feed, Denenberg, Ament & Rubenstein, PC, Chicago, IL, for the Debtor.

MEMORANDUM OPINION

PAMELA S. HOLLIS, Bankruptcy Judge.

The Debtor Estes Group, Inc. ("Estes") contracted with Midwest Generation, EME, LLC ("MWG") to provide personnel or "staff augmentation" services on MWG projects. Estes entered into a subcontract with Alford Services, Inc. ("Alford"), which required Alford to supply personnel for MWG projects. Alford did not receive full payment from Estes for its performance under the subcontract and asserted a mechanic...

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