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IN RE SHERRY & O'LEARY, INC.

Bankruptcy No. 90-1487-BM, Adv. No. 92-0233-BM.

148 B.R. 248 (1992)

In re SHERRY & O'LEARY, INC., Debtor. SHERRY & O'LEARY, INC., Plaintiff, v. TOM MISTICK & SONS, INC., a/k/a Mistick Construction, and Seaboard Surety Company, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

December 16, 1992.

Attorney(s) appearing for the Case

Robert J. Blumling, Sable, Makoroff & Gusky, P.C., Pittsburgh, PA, for plaintiff/debtor.

David M. Priselac, Pittsburgh, PA, for defendants.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Before the court is an action for turnover of a contract balance of $30,713.72 purportedly owed to Sherry & O'Leary, Inc. ("debtor") by defendant Tom Mistick & Sons, Inc. ("Mistick").

Debtor contends that Mistick has materially breached a construction contract by failing to pay debtor the full amount allegedly due for work performed under the contract. Debtor further contends that defendant...

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