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MATTER OF BECKER'S MOTOR TRANSP., INC.

No. 79-2796.

632 F.2d 242 (1980)

In the Matter of BECKER'S MOTOR TRANSPORTATION, INC., a New Jersey Corporation with its principal place of business in the State of New Jersey, Debtor (Bankruptcy No. B-74-2050) In the Matter of NEEDHAM'S MOTOR SERVICE, INC., a Delaware Corporation with its principal place of business in the State of New Jersey, Debtor (Bankruptcy No. B-74-2051) v. DEPARTMENT OF the TREASURY, INTERNAL REVENUE SERVICE, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 4, 1980.

Attorney(s) appearing for the Case

Crummy, Deldeo, Dolan & Purcell, Newark, N. J., for appellees; Donald H. Steckroth (argued), Newark, N. J., of counsel.

M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Karl Schmeidler, Michael J. Roach (argued), Attys., Tax Div., Dept. of Justice, Washington, D. C., for appellant; Robert J. Del Tufo, U. S. Atty., Newark, N. J., of counsel.

Before SEITZ, Chief Judge, ADAMS, Circuit Judge, and LORD, Chief District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal from an order of the district court, affirming the issuance by the bankruptcy court of a summary judgment and an injunction in favor of debtors, raises a number of difficult questions regarding the law of bankruptcy. The threshold inquiry is whether the bankruptcy court had jurisdiction to reopen a Chapter XI proceeding to adjudicate the personal liability of a rehabilitated debtor for pre-petition penalties...

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