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IN RE GEIGER ENTERPRISES, INC.

Nos. 27-9 and 214-6, Dockets 80-5015, 80-5017, 80-5019, 80-5029 and 80-5031.

635 F.2d 106 (1980)

In re: GEIGER ENTERPRISES, INC., Debtor-in-Possession. OFFICIAL CREDITORS' COMMITTEE OF GEIGER ENTERPRISES, INC., Geiger Enterprises, Inc., Debtor-in-Possession, and Amoco Oil Company, Creditor, Appellants, v. CENTRAL TRUST COMPANY ROCHESTER N. Y., Creditor, and The United States of America, Appellees.

United States Court of Appeals, Second Circuit.

Decided October 29, 1980.

Attorney(s) appearing for the Case

Donald P. Sheldon, Buffalo, N. Y., of counsel, for appellant Creditors' Committee.

Daniel Evans Brick, North Tonawanda, N. Y. (Brick, Brick & Elmer, Thomas R. Elmer, North Tonawanda, N. Y., of counsel), for appellant Geiger Enterprises, Inc.

Robert M. Spaulding, Buffalo, N. Y. (Phillips, Lytle, Hitchcock, Blaine & Huber, Paul B. Zuydhoek, William J. Brown, Buffalo, N. Y., of counsel), for appellant Amoco Oil Co.

Gary F. Amendola, Rochester, N. Y. (Woods, Oviatt, Gilman, Sturman & Clarke, Rochester, N. Y., of counsel), for appellee Central Trust.

Jo-Ann Horn, Washington, D. C., M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Dept. of Justice, Washington, D. C., Richard J. Arcara, U. S. Atty., Buffalo, N. Y., of counsel), for appellee USA.

Before MOORE, MULLIGAN and KEARSE, Circuit Judges.

MULLIGAN, Circuit Judge:

This is an appeal by Geiger Enterprises (Geiger), the Official Creditors Committee of Geiger Enterprises, Inc. (Committee) and Amoco Oil Company (Amoco) from a judgment of March 5, 1980 rendered by Hon. John T. Elfvin, United States District Court for the Western District of New York, which reversed an order of Bankruptcy Judge Beryl E. McGuire, issued on February 8, 1980. The District Court certified that the appeal involved a controlling...

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