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MATTER OF SHIPPERS INTERSTATE SERVICE, INC.

No. 79-1753.

618 F.2d 9 (1980)

In the Matter of SHIPPERS INTERSTATE SERVICE, INC., Debtor. Appeal of NATIONAL LABOR RELATIONS BOARD.

United States Court of Appeals, Seventh Circuit.

Decided March 24, 1980.

Attorney(s) appearing for the Case

Michael D. Stein, NLRB, Washington, D. C., for petitioner.

Gary D. Lebrato, Fort Wayne, Ind., for respondent.

Before SPRECHER, BAUER and CUDAHY, Circuit Judges.

SPRECHER, Circuit Judge.

At issue is whether the filing of a Chapter XI bankruptcy petition under the 1898 Act operates as an automatic stay of the National Labor Relations Board unfair labor practice proceedings when the assets of the bankrupt estate are not threatened and the bankrupt estate is being reorganized and not liquidated.

I

Fortunately, the precise issue raised by this appeal—whether an automatic stay rule promulgated under Chapter...

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