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IN RE CHEMICAL SEPARATIONS CORP.

Bankruptcy No. 3-82-01569, Adv. No. 3-83-0302.

32 B.R. 816 (1983)

In re CHEMICAL SEPARATIONS CORPORATION, Debtor. CHEMICAL SEPARATIONS CORPORATION, Debtor in Possession By its Unsecured Creditors Committee, Plaintiff, v. FOSTER WHEELER CORPORATION, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

August 29, 1983.

Attorney(s) appearing for the Case

Richard Stair, Jr., Knoxville, Tenn., for plaintiff Committee.

Hodges, Doughty & Carson, William F. Alley, Jr., Knoxville, Tenn., for defendant.

Farris, Warfield & Kanaday, Stephen W. Ramp, Nashville, Tenn., for amicus curiae, Third Nat. Bank of Nashville.

MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT

CLIVE W. BARE, Bankruptcy Judge.

At issue is whether an appointed creditors' committee, 11 U.S.C.A. § 1102 (1979), has standing to pursue an action in the name and on behalf of a debtor in possession. The creditors' committee contends it has implied authority, pursuant to 11 U.S.C.A. §§ 1103(c)(5) and 1109(b) (1979), to commence claims...

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