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IN RE PENN-DIXIE STEEL CORP.

No. 81 CIV. 18(MP), Bankruptcy No. 0 10472, Adv. No. 80 5159A.

10 B.R. 878 (1981)

In re PENN-DIXIE STEEL CORPORATION, Debtor. THUNDERBIRD MOTOR FREIGHT LINES, INC., Plaintiff, v. PENN-DIXIE STEEL CORPORATION, Defendant.

United States District Court, S.D. New York.

April 6, 1981.

Attorney(s) appearing for the Case

Fried, Frank, Harris, Shriver & Johnson by Ilene P. Karpf, New York City, for debtor.

Gerstein, Queller & Churchill by Robert Churchill, New York City, for plaintiff.

OPINION

MILTON POLLACK, District Judge.

This is an appeal from an order of Bankruptcy Judge Burton R. Lifland dated October 24, 1980 which denies the appellant's effort to impress a trust on receipts by the Debtor of freight charges incurred on the interstate shipment of steel through the facilities of the appellant. The Bankruptcy Judge held that the appellant was in the same position as any other unsecured creditor in respect of the Debtor's estate. In...

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