IN RE PETRUSCH

No. 599, Docket 81-5055.

667 F.2d 297 (1981)

In re William O. PETRUSCH, Jr., d/b/a B & L Distribution Center, Debtor. William O. PETRUSCH, Jr., d/b/a B & L Distribution Center, Respondent-Appellant, v. TEAMSTERS LOCAL 317, SYRACUSE, NY & New York State Teamsters Council, Health & Hospital Fund/Pension Retirement Fund, Petitioners-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 15, 1981.


Attorney(s) appearing for the Case

Samuel J. Costa, Syracuse, N. Y. (Grass, Balanoff, Costa & Whitelaw, Syracuse, N. Y., on the brief), for appellant.

James R. LaVaute, Syracuse, N. Y. (Blitman & King, Syracuse, N. Y., on the brief), for appellee.

Before TIMBERS and KEARSE, Circuit Judges, and MURPHY, District Judge.


PER CURIAM:

Petrusch, the debtor in a Chapter 13 proceeding, (11 U.S.C. § 1301 et seq. (Supp. III 1979)), appeals an order of the District Court for the Northern District of New York staying, pending appeal to this Court, an injunction by a Bankruptcy Judge restraining appellee labor union, Teamsters Local 317, from picketing his place of business in a labor dispute. The District Judge, in a reasoned opinion, held that the Bankruptcy Court was without...

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