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Legal Opinion

In Re FOREMOST MANUFACTURING COMPANY, Debtor, ARCHITECTURAL BUILDING COMPONENTS, Appellee, v. Homer McCLARTY, Trustee, Appellant

Court of Appeals for the Sixth Circuit

Decided March 6, 1998No. 96-2535PublishedCited by 19 opinions

1Opinion of the Court

OPINION

BOGGS, Circuit Judge.

Bankruptcy trustee Homer MeClarty appeals from the decision of the district court, which had reversed the assessment by the bankruptcy court of a surcharge against Architectural Building Components (ABC). We affirm.

I

A

In 1989, ABC (a sub-sub-eontraetor) bid successfully to Walcon Corporation (a subcontractor) for the manufacture and delivery of louvers for a budding project in Philadelphia. The general contractor for the project was H.C. Beck (HCB).

A dispute arose between HCB and Walcon regarding the sufficiency of the louvers after they were delivered and installed…

2Cases cited9 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  3. In Re Omegas Group, Inc., Debtor. Xl/datacomp, Inc., Plaintiff-Appellant/cross-Appellee v. John R. Wilson, Trustee, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 1994
  4. Cutright v. United StatesSupreme Court of the United States · 1992
  5. Commissioner v. Asphalt Products Co.Supreme Court of the United States · 1987

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3Cited by19 opinions

  1. In Re: Highland Superstores, Inc., Debtor. Unsecured Creditors' Committee of Highland Superstores, Inc. v. Strobeck Real Estate, Inc.Court of Appeals for the Sixth Circuit · 1998
  2. In Re: James Curtis Palmer, Debtor. James Curtis Palmer v. United States of America, Internal Revenue ServiceCourt of Appeals for the Sixth Circuit · 2000
  3. In Re Big Rivers Electric Corporation, Debtor. United States of America, on Behalf of the Rural Utilities Service of the Department of Agriculture and the United States Trustee v. J. Baxter SchillingCourt of Appeals for the Sixth Circuit · 2004
  4. Mediofactoring v. McDermott (In Re Connolly North America, LLC)Court of Appeals for the Sixth Circuit · 2015
  5. In Re McLean Wine Co., Inc.United States Bankruptcy Court, E.D. Michigan · 2011

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