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IN RE AMERICAN FABRICATORS, INC.

Bankruptcy No. 94-62-BKC-3P7. Adv. No. 95-86.

186 B.R. 526 (1995)

In re AMERICAN FABRICATORS, INC., d/b/a Buffalo Tank Corporation of Florida, Debtor. Charles W. GRANT, Trustee, Plaintiff, v. FLORIDA POWER CORPORATION, Whitlock Industrial Painting Co., Inc., A & A Welding & Fabrication, Inc., and, Tri State Contractors of Florida, Inc., Defendants.

United States Bankruptcy Court, M.D. Florida, Jacksonville Division.

August 1, 1995.

Attorney(s) appearing for the Case

Robert Perry, Jacksonville, FL, for plaintiff.

Eric Kolar, Jacksonville, FL, for Whitlock Industrial Painting Co., Inc.

Henry Stein, St. Petersburg, FL.

Pat M. Fowler, Orange Park, FL.

Wayne Compton, Jacksonville, FL.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GEORGE L. PROCTOR, Bankruptcy Judge.

This proceeding came before the Court upon the Motion to Dismiss by plaintiff the Counterclaim of defendant Whitlock Industrial Painting Co., Inc. (Whitlock), suggesting the counterclaim fails to state a claim upon which relief can be granted. After a hearing on May 10, 1995, the Court enters the following findings of fact and conclusions...

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