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IN RE PAYTON CONST. CORP.

Bankruptcy No. 07-11522-HB. Adversary No. 08-1173.

399 B.R. 352 (2009)

In re PAYTON CONSTRUCTION CORPORATION, Debtor. Craig Jalbert, Liquidating Trust Administrator, Plaintiff v. Zurich American Insurance Company, Defendant.

United States Bankruptcy Court, D. Massachusetts, Eastern Division.

January 13, 2009.

Attorney(s) appearing for the Case

Andrew G. Lizotte, Christian J. Urbano, Hanify & King, P.C., Boston, MA, for Plaintiff.

Anne J. White, Klieman, Lyons, Schindler & Gross, Boston, MA, Josh Goldberg, Margaret M. Anderson, Fox Hefter Swibel Levin & Carroll, LLP, Chicago, IL, for Defendant.

MEMORANDUM OF DECISION ON MOTION OF ZURICH AMERICAN INSURANCE COMPANY TO STAY OR DISMISS ADVERSARY PROCEEDING AND COMPEL ARBITRATION

HENRY J. BOROFF, Bankruptcy Judge.

By the motion before the court, Zurich American Insurance Company ("Zurich"), as an administrative claimant in the bankruptcy case of Payton Construction Company and the defendant in counterclaims asserted in the above-captioned adversary proceeding, seeks (i) an order compelling...

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