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IN RE R.J. MARSHALL, INC.

Bankruptcy No. 8500156, Adv. No. 850020.

55 B.R. 199 (1985)

In re R.J. MARSHALL, INC., Debtor. R.J. MARSHALL, INC., Plaintiff, v. FREETOWN SAND & GRAVEL, INC., Defendant.

United States Bankruptcy Court, D. Rhode Island.

November 19, 1985.

Attorney(s) appearing for the Case

Henry M. Swan, Davis, Jenckes, Kilmarx & Swan, Providence, R.I., for plaintiff-debtor.

Joseph I. Macy, Fall River, Mass., for defendant.

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Heard on the complaint of the plaintiff-debtor, R.J. Marshall, Inc., to recover alleged contract overpayments made to Freetown Sand & Gravel, Inc., and on Freetown's counter-claim.

Marshall, the general contractor, had entered into a subcontract with Freetown Sand & Gravel, Inc. requiring Freetown to perform all necessary excavating, drain laying, and landscaping work at the Holbrook Elderly & Family Housing...

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