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IN RE ROLL FORM PRODUCTS, INC.

No. 104, Docket 81-5006.

662 F.2d 150 (1981)

In re ROLL FORM PRODUCTS, INC., Debtor. ROLL FORM PRODUCTS, INC., Plaintiff-Appellant, v. ALL STATE TRUCKING COMPANY, Newman Bros. Trucking Company, Baltimore & Ohio Railroad Company, David Graham Company, Hall's Motor Transit Co., Mawson & Mawson, Inc., and Youngstown Cartage Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 16, 1981.

Attorney(s) appearing for the Case

Robert L. Howard, New York City (Judith S. Koffler, Glass & Howard, New York City, of counsel), for plaintiff-appellant Roll Form Products, Inc.

Michael J. Siris, New York City, for defendants-appellees All State Trucking Co. and Baltimore & Ohio Railroad Co.

Arthur Toback, New York City (Horwitz, Toback & Hyman, New York City, of counsel), for defendant-appellee Newman Bros. Trucking Co.

Before OAKES and MESKILL, Circuit Judges, and BLUMENFELD, District Judge.

MESKILL, Circuit Judge:

Roll Form Products, Inc., a Chapter XI debtor, appeals from an order of the United States Bankruptcy Court for the Southern District of New York, Lewittes, J.,1 denying its motion for preliminary relief and dismissing its suit to enjoin defendants, interstate carriers, from collecting shipping charges from Roll Form's customers and to compel repayment of charges already collected. The bankruptcy court's decision...

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