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Legal Opinion

Kitaeff v. Vappi & Co. (In Re Bay State York Co.)

United States Bankruptcy Court, D. Massachusetts

Decided May 29, 1992No. 17-12254PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM

JAMES A. GOODMAN, Chief Judge.

I. INTRODUCTION

This case is presently before the Court on cross-motions for summary judgment. The issue is whether Hartford Casualty Insurance Company (“Hartford”) can set off an obligation it owes Bay State York Company, Inc. (“BSY”), a subcontractor protected by a payment bond executed between Hartford as surety and Vappi & Co., Inc. (“Vappi”) as principal, against a debt that BSY owes Hartford from other, unrelated payment and performance bonds executed between BSY as principal and Hartford as surety. For the reasons set forth below, this Court will…

2Cases cited36 opinions

  1. Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
  2. Cumberland Glass Manufacturing Co. v. De Witt & Co.Supreme Court of the United States · 1915
  3. Wjm, Inc., Etc. v. Massachusetts Department of Public WelfareCourt of Appeals for the First Circuit · 1988
  4. Libby v. HopkinsSupreme Court of the United States · 1881
  5. 16 Collier bankr.cas.2d 1447, Bankr. L. Rep. P 71,794 Braniff Airways, Inc. Debtor and Debtor-In-Possession, and the Official Unsecured Creditors' Committee of Braniff Airways, Inc. v. Exxon Company, U.S.A.Court of Appeals for the Fifth Circuit · 1987

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3Cited by12 opinions

  1. In Re: Doctors Hospital of Hyde Park, Inc., Debtor. Appeal Of: Daiwa Special Asset CorporationCourt of Appeals for the Seventh Circuit · 2003
  2. Scherling v. Hellman Electric Corp. (In Re Westchester Structures, Inc.)United States Bankruptcy Court, S.D. New York · 1995
  3. Photo Mechanical Services, Inc. v. E.I. DuPont De Nemours & Co. (In Re Photo Mechanical Services, Inc.)United States Bankruptcy Court, D. Minnesota · 1995
  4. Biggs v. Stovin (In Re Luz International, Ltd.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  5. Federal National Mortgage Ass'n v. County of Orange (In Re County of Orange)United States Bankruptcy Court, C.D. California · 1995

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