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IN RE GROGGEL

Bankruptcy No. 02-34080-MBM. Adversary No. 03-3240-MBM.

333 B.R. 261 (2005)

In re Mark Donald GROGGEL, Debtor. Carlota M. Bohm, Trustee of the Bankruptcy Estate of Mark Donald Groggel, Plaintiff, v. The Horsley Company, a Utah corporation, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

November 10, 2005.

Attorney(s) appearing for the Case

David B. Fawcett, Buchanan Ingersoll PC, Pittsburgh, PA, for the trustee.

John Newborg, Pittsburgh, PA, for the Horsley Company.

MEMORANDUM OPINION

M. BRUCE McCULLOUGH, Bankruptcy Judge.

Carlota Bohm, the Chapter 7 Trustee for the above-captioned debtor (hereafter "the Trustee"), brings the instant adversary action to pursue three separate causes of action, namely (i) one for breach of contract (Count 1), (ii) one for quantum meruit (Count 2), and (hi) one predicated upon the failure by the Horsley Company, the named defendant in the instant adversary proceeding (hereafter...

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