MATTER OF EXCAVATION CONST., INC.

Bankruptcy No. 79-01535 G, Civ. Nos. H-80-719, H-80-1611 and H-80-2143.

8 B.R. 752 (1981)

In the Matter of EXCAVATION CONSTRUCTION, INC., Debtor. EXCAVATION CONSTRUCTION, INC., Appellant, v. MACK FINANCIAL CORPORATION, Appellee. In the Matter of EXCAVATION CONSTRUCTION, INC., Debtor. MACK FINANCIAL CORPORATION, Appellant, v. EXCAVATION CONSTRUCTION, INC., Appellee. In the Matter of EXCAVATION CONSTRUCTION, INC., Debtor. MACK FINANCIAL CORPORATION, Appellant, v. EXCAVATION CONSTRUCTION, INC., Appellee.

United States District Court, D. Maryland.

January 8, 1981.


Attorney(s) appearing for the Case

Nelson C. Cohen, Chevy Chase, Md., for debtor.

David F. Albright and Christopher R. West, Baltimore, Md., for creditor.


MEMORANDUM AND ORDER

ALEXANDER HARVEY, II, District Judge.

Presently before the Court are three related bankruptcy appeals involving Excavation Construction, Inc., the debtor, (hereinafter referred to as "Excavation") and Mack Financial Corporation, the creditor (hereinafter referred to as "Mack"). In August 1975, Excavation, which is engaged in the construction business, bought six cement mixers, and in September 1978, it bought fifty dumptrucks. The mixers...

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