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IN RE ADAMS COUNTY ASPHALT CO.

Bankruptcy No. 1-03-bk-00722. Adversary No. 1-08-ap-00064.

416 B.R. 132 (2009)

In re ADAMS COUNTY ASPHALT CO., Debtor. Adams County Asphalt Co., Plaintiff v. Oldcastle, Inc., and Pennsy Supply, Inc., Defendants.

United States Bankruptcy Court, M.D. Pennsylvania.

Opinion Denying Reconsideration September 29, 2009.

Attorney(s) appearing for the Case

Stephen G. Bresset, Bresset & Santora, LLC, Honesdale, PA, for Plaintiff.

Eric L. Brossman, Matthew Myers Haar, Saul Ewing LLP, Harrisburg, PA, for Defendants.

OPINION1

JOHN J. THOMAS, Bankruptcy Judge.

Presently before the Court is the Defendants' Motion for Judgment on the Pleadings. For the reasons provided herein, the Motion will be granted and the underlying adversary will be dismissed in its entirety.

A short procedural recitation is helpful. The above-captioned adversary proceeding actually represents Plaintiff's second attempt

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