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IN RE RED ROCK SERVICES CO., LLC

Bankruptcy No. 07-21572REF. Adversary No. 09-2112.

484 B.R. 67 (2013)

In re RED ROCK SERVICES CO., LLC, Debtor. Robert H. Holber, Chapter 7 Trustee of Red Rock Services Co., LLC, Plaintiff v. Suffolk Construction Company, Inc., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

January 2, 2013.

Attorney(s) appearing for the Case

Aviva Wein , David R. King , Herrick Feinstein LLP, Princeton, NJ, Howard Gershman , Gershman Law Offices, PC, Jenkintown, PA, William Robert Fried , Herrick Feinstein, LLP, New York, NY, for Plaintiff.

Christin E. Deacon , McElroy Deutsch Mulvaney & Carpenter, Philadelphia, PA, Damon M. Seligson , John W. DiNicola, II , DiNicola, Seligson & Upton, LLP, Boston, MA, Scott Aaron Levin , McElroy Deutsch Mulvaney & Capenter LLP, Morristown, NJ, for Defendant.

MEMORANDUM OPINION

RICHARD E. FEHLING, Bankruptcy Judge.

The Chapter 7 Trustee ("Trustee") of the bankruptcy estate of Debtor, Red Rock Services Co., LLC ("Red Rock"), initiated this adversary proceeding to collect $1,667,945, plus attorneys' fees, costs and interest, from Suffolk Construction Company, Inc. ("Suffolk"). Trustee alleged that Suffolk refused or failed to pay Red Rock for certain demolition services provided to Suffolk on a construction project...

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