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MATTER OF PAUL R. DEAN CO., INC.

No. BK-73-813.

460 F.Supp. 452 (1978)

In the Matter of PAUL R. DEAN CO., INC., Bankrupt.

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

November 13, 1978.

Attorney(s) appearing for the Case

Paul J. Suter, Rochester, N. Y. (C. Bruce Lawrence, Rochester, N. Y., of counsel), for Joseph S. Carges, Trustee in Bankruptcy.

Louis N. Kash, Corp. Counsel, Rochester, N. Y. (Joseph A. Regan, Rochester, N. Y., of counsel), for City of Rochester.

MEMORANDUM and ORDER

ELFVIN, District Judge.

The City of Rochester ("the City") appeals from two decisions of the bankruptcy court, the first denying its motion to amend a proof of claim filed by Great Lakes Dunbar Rochester ("GLDR") and the second disallowing the City's claim.

The two appeals are an outgrowth of the City's construction contract with GLDR. Under the terms of the contract, the City was authorized to withhold ten percent of each periodic...

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