S.A. Healy Co. ex rel. National Underground Construction Co. v. Metropolitan Sanitary District (In re National Underground Construction Co.)

MEMORANDUM AND ORDER

NICHOLAS J. BUA, District Judge.

S.A. Healy Company (“Healy”), for the use and benefit of National Underground Construction Company, Inc. (“National”), appeals from an order dismissing its complaint entered by Bankruptcy Judge Thomas James in No. 83 A 189 (82 B 13324) (Bankr.N.D.Ill. Jan. 20, 1984). The issue presented on appeal is whether National may bring an action for breach of contract in the name of Healy for the use of National. For the reasons stated herein, the Court concludes that National may not bring a suit in the name of Healy and that the January 20, 1984…