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MATTER OF BORNE CHEMICAL CO., INC.

Bankruptcy No. 80-0468.

16 B.R. 509 (1980)

In the Matter of BORNE CHEMICAL COMPANY, INC. a corporation of the State of New Jersey, Debtor-in-Possession. John W. BITNER, Isa R. Coble, William T. Galey, Walter B. Levering, Jr., Walter F. Martin, Andrew T. Rolfe, Robert H. Smellie, Jr., Mary G. Wilson and C. Merritt Winsby, and the class of all persons who were stockholders of The Rolfite Company on November 30, 1979, Plaintiffs, v. BORNE CHEMICAL COMPANY, INC., Debtor-in-Possession, Defendant.

United States Bankruptcy Court, D. New Jersey.

November 10, 1980.

Attorney(s) appearing for the Case

Crummy, Del Deo, Dolan & Purcell by Frank J. Vecchione, Newark, N.J., for debtor-in-possession.

Pitney, Hardin & Kipp by Timothy Greiner, Morristown, N.J., for present and prospective class members.

Henry J. Wilewski, Jersey City, N.J., for Wayne Bowers.

OPINION

D. JOSEPH DeVITO, Bankruptcy Judge.

This matter comes on upon complaint of John W. Bitner, et al., stockholders of The Rolfite Company, against the debtor Borne Chemical Company, Inc. seeking judgment vacating the automatic stay, so as to permit plaintiffs, individually and as a class, to proceed with the motion to intervene and to certify class and thereafter to prosecute any and all claims, including class action claims which plaintiffs may have...

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