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IN RE CAVALRY CONST., INC.

No. 09-CV-5122 (KMK).

428 B.R. 25 (2010)

In re CAVALRY CONSTRUCTION, INC., Debtor, Cavalry Construction, Inc., Plaintiff/Appellee, v. WDF, Inc., WDF, Inc./Cavalry Construction, Inc., Federal Insurance Company, Seaboard Surety Company and St. Paul Fire and Marine Insurance Company as its successor in interest, and Fidelity and Deposit Company of Maryland, Defendants/Appellants.

United States District Court, S.D. New York.

March 30, 2010.

Attorney(s) appearing for the Case

Arlene Gordon Oliver, Esq., Rattet, Pasternak & Gordon-Oliver, LLP, Harrison, NY, for Plaintiff/Appellee/Debtor.

Howard S. Jacobowitz, Esq., The McDonough Law Firm, LLP, New Rochelle, NY, for Defendants/Appellants.

OPINION AND ORDER

KENNETH M. KARAS, District Judge.

Appellants appeal from a Final Order of the Bankruptcy Court dated April 24, 2009. For the reasons given herein, the Order of the Bankruptcy Court is vacated in part and affirmed in part, and this case is remanded to the Bankruptcy Court for proceedings consistent with this Opinion.

I. Background

A Facts

This appeal deals with six public works projects (the...

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