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IN RE T. BRADY MECHANICAL SERVICES INC.

Bankruptcy No. 90 B 12353, Adv. No. 90 A 0881.

129 B.R. 559 (1991)

In re T. BRADY MECHANICAL SERVICES INC., Debtor. T. BRADY MECHANICAL SERVICES INC., Plaintiff, v. F.E. MORAN, INC., Maram Corp., Holian Insulation Company, Johnson Pipe & Supply Company, Baltimore Aircoil Company, Taft Contractors, Inc., M.G. Electric, G & O Thermal Supply Company, Reliance Insurance Company, Defendants.

United States Bankruptcy Court, N.D. Illinois, E.D.

August 1, 1991.

Attorney(s) appearing for the Case

Charles J. Myler, Richard G. Larsen, Myler, Ruddy & McTavish, Aurora, Ill., for debtor/defendant (counsel with briefs).

Stephen T. Bobo, Towbin & Zazove, Ltd., Chicago, Ill., for G & O Thermal (counsel with briefs).

David R. Brown, River Forest, Ill., for Reliance Ins. (co-counsel with briefs).

Thomas A. Cengel, Pasquesi, Cengel & Pasquesi, Highland Park, Ill., for F.E. Moran, Inc. Co-Counsel for Reliance Insur. (counsel with briefs).

Margaret Anderson, Jennifer L. Sucher, Lord, Bissell & Brook, Chicago, Ill., for Baltimore Aircoil Co. (counsel with briefs).

Paul Lehner, Tyrrel J. Penn, Schuyler, Roche & Zwirner, Chicago, Ill., for Maram Corp. (counsel with briefs).

Steven Bright, Boehm & Pearlstein, Chicago, Ill., for American Nat'l Bank of Arlington Heights.

Mark L. Dressel, Morgan, Lanoff, Denniston & Madigan, Ltd., Chicago, Ill., for G & O Thermal Supply.

MEMORANDUM OPINION

RONALD S. BARLIANT, Bankruptcy Judge.

The Debtor/Plaintiff is a contractor. Among the assets of this estate are the interest of the Debtor in a payment bond covering a construction project in which the Debtor did work and the rights to payment for that work. The Debtor and the issuer of the payment bond, Reliance Insurance Company, which is a named defendant, have moved for summary judgment declaring that only the Debtor has any right...

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