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IN RE C.H. STUART, INC.

Bankruptcy Nos. 81-20331, 81-20332 and 81-2226A.

17 B.R. 400 (1982)

In re C.H. STUART, INC. and Liege, Inc., Debtors. RSJ CONSTRUCTION CORPORATION, A New York Corporation as the Sole Beneficiary of a Trust Fund Arising Under Article 3-A of the New York Lien Law, Plaintiff, v. C.H. STUART, INC., as Trustee and Debtor-in-Possession of Legal Title Only in a Trust Fund Arising Under Article 3-A of the New York Lien Law, Defendant.

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

February 11, 1982.

Attorney(s) appearing for the Case

Couch, Coulter & Howard, P.C., Joel M. Howard, III, Albany, N.Y., for plaintiff.

Shea & Gould, Philip R. Mann, New York City, for defendant.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

On March 28, 1978, RSJ Construction Corporation (RSJ) entered into a contract with C.H. Stuart, Inc. (Stuart) for the construction of office, warehouse and manufacturing facilities on real property owned by Stuart and located in Saratoga County, New York. The new facility became the home for the Artcraft Concepts division of C.H. Stuart.

Stuart's board of directors authorized capital expenditures...

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