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IN RE AL MUEHLBERGER CONCRETE CONSTRUCTION INC.

Case No. 09-24206, Adv. No. 10-6048.

In Re AL MUEHLBERGER CONCRETE CONSTRUCTION, INC., Chapter 11 Debtor. AL MUEHLBERGER CONCRETE CONSTRUCTION, INC., Plaintiff, v. MAX RIEKE & BROTHERS, INC., Defendant.

United States Bankruptcy Court, D. Kansas.

February 15, 2011.

MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT

DALE L. SOMERS, Bankruptcy Judge.

This adversary case arises out of a 2004 construction contract between Debtor Al Muehlberger Concrete Construction, Inc. (hereafter "AMCCI"), as subcontractor, and Max Rieke & Brothers, Inc. (hereafter "Rieke"), as prime contractor, for the construction of Coon Creek Lake, Dam, and Spillway Project for the City of Lenexa. In the Complaint...

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