Seaway Painting, Inc. v. D.L. Smith Co. (In Re Cornell & Co.)

MEMORANDUM AND ORDER

BECHTLE, District Judge.

Presently before the court are the appeal of appellants Seaway Painting, Inc. (“Seaway”) and Cornell and Company, Inc. (“Cornell”) and cross-appeal of appellee and cross-appellant D.L. Smith Company (“D.L. Smith”) from a final judgment in a core proceeding in the United States Bankruptcy Court for the Eastern District of Pennsylvania (“Bankruptcy Court”). 1 For the reasons set forth below, the court will remand the action back to the Bankruptcy Court for proceedings consistent with the court’s Memorandum.

I. BACKGROUND

Debtor Cornell is a construction…