IN RE FLANAGAN BROS., INC.

Bankruptcy No. 83-03550.

47 B.R. 299 (1985)

In re FLANAGAN BROS., INC., Debtor.

United States Bankruptcy Court, D. New Jersey.

March 14, 1985.


Attorney(s) appearing for the Case

Robert F. Blomquist, Davis, Reberkenny & Abromowitz, Cherry Hill, N.J., for movant, Don Rogers, Inc.

William P. Gillon, Floria & Maloney, Cherry Hill, N.J., for Richard L. Berry, Trustee.

Gary M. Perkiss, Joseph R. Pozzuolo Associates, P.C., Philadelphia, Pa., for Billows Elec. Supply Co.


OPINION

EMIL F. GOLDHABER, Chief Judge:1

The predominant issue presented in the case before us is whether a general contractor, who under applicable law is a surety for all persons furnishing labor and material on a state building project, may setoff its entire debt to the debtor/subcontractor against the claim of a materialman who supplied goods to the debtor, rather than set-off only a portion of its debt which equals the amount...

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