Paving Equipment of the Carolinas Inc. v. M & N Development Co.

ORDER

ROBERT D. POTTER, Senior District Judge.

THIS MATTER is before the Court on Paving Equipment of the Carolinas, Inc.’s (PECI), appeal from the Bankruptcy Court’s decision granting summary judgment in favor of M & N Development Company (“M & N”).

PROCEDURAL BACKGROUND

This action was originally brought by M & N in the Court of Common Pleas for York County, South Carolina to remove a hen on real property held by PECI. PECI then filed a counterclaim alleging breach of contract against M & N. This action was subsequently removed to the Bankruptcy Court for the District of South Carolina and…