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MATTER OF MARIN MOTOR OIL, INC.

Nos. 81-3083, 81-3084.

689 F.2d 445 (1982)

In the Matter of MARIN MOTOR OIL, INC., Debtor. OFFICIAL UNSECURED CREDITORS' COMMITTEE v. David P. MICHAELS, Trustee of Marin Motor Oil, Inc. and Honorable Hugh Leonard, U.S. Trustee. Appeal of Nicholas MARIN, Nick-O-Mar Realty Corp., Petrobras Company, Inc., Marin Retail Gasoline Sales Company, Marin Oil Co., Inc., Fra Mar, Inc., Marin Mercantile Oil Exchange, Marin Drilling Corp., Marin Holding Company.

United States Court of Appeals, Third Circuit.

Decided September 29, 1982.

Attorney(s) appearing for the Case

Nolan, Bell & Moore, Newark, N.J., for appellee, Official Unsecured Creditors' Committee; Daniel E. Straffi, Newark, N.J., (argued), on brief.

Kleinberg, Moroney, Masterson & Schachter, P.A., Millburn, N.J., for appellants, Nicholas Marin, et al.

Ravin, Katchen & Greenberg, P.A., Newark, N.J., for appellant, David P. Michaels, trustee; Jack M. Zackin, Newark, N.J. (argued) and Walter J. Greenhalgh, Millburn, N.J. (argued), on brief.

David N. Ravin, Ravin & Kesselhaut, West Orange, N.J., for appellant Isle Marin.

Before ADAMS and HIGGINBOTHAM, Circuit Judges, and TEITELBAUM, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

We are called upon in this appeal to determine whether a creditors' committee in a bankruptcy reorganization has the right to intervene in adversary proceedings instituted by a trustee. We first decide that we have jurisdiction under 28 U.S.C. § 1293(b) to address this issue at this stage of the litigation, and then proceed to ascertain that under the applicable section of the Bankruptcy Code, 11 U.S.C. §...

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