L.B. FOSTER CO. v. JAY FORNI, INC. (In re JAY FORNI, INC.)

Good Law
1983 Bankr. LEXIS 5680·33 B.R. 538·9 Collier Bankr. Cas. 2d 656
United States District Court, Northern District of CaliforniaAugust 3, 1983Bankruptcy No. 4-82-02017W; Adv. No. 4-82-1401AWCalifornia1,815 words

Opinion

Lead Opinion

Wolfe, J.

DECISION

This action is a complaint and counterclaim for declaratory and injunctive relief regarding the plaintiff’s right to perfect and enforce claims against contractors’ payment bonds for three public works projects in which debtor JAY FORNI, INC. fabricated construction materials from steel pipe it purchased from plaintiff L.B. FOSTER CO. The projects are: 1) COLUSA COUNTY WATER DISTRICT, Arbuckle, California; 2) LAKE TYEE PROJECT, Ketchican, Alaska; and 3) BURCH LAKE WATER TREATMENT PLANT, Longmont, Colorado.

FINDINGS OF FACT

Debtor filed its petition for relief under Chapter 11 of title 11 U.S.C. on June 3, 1982.

COLUSA PROJECT

On March 18, 1982, FOSTER delivered materials with a value of $3,408.31 to FOR-NI. FORNI fabricated those materials to the specifications of the COLUSA project. FOSTER gave a preliminary notice of its claim to KAWEAH CONSTRUCTION CO., a subcontractor of W.M. LYLES & CO. (the general contractor) on March 16, 1982.

LAKE TYEE PROJECT

On May 10, 1982, FOSTER delivered materials with a value of $1,504.90 to FORNI. FORNI fabricated those materials to the specifications of the LAKE TYEE project. FOSTER gave a preliminary notice of its claim to…

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