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IN RE SHULMAN TRANSPORT ENTERPRISES, INC.

Cal. No. 1115, Docket 83-5068.

744 F.2d 293 (1984)

In re SHULMAN TRANSPORT ENTERPRISES, INC., and Shulman Air Freight, Inc., Debtors. PAN AMERICAN WORLD AIRWAYS, INC., on its own behalf and on behalf of all international common carriers by air similarly situated, Plaintiff-Appellant, v. SHULMAN TRANSPORT ENTERPRISES, INC., Shulman Air Freight, Inc., and Continental Bank, Defendants. Continental Bank, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 18, 1984.

Attorney(s) appearing for the Case

Jacob Oliner, New York City (Oliner & Oliner, New York City, of counsel), for plaintiff-appellant.

Alan C. Gershenson, Philadelphia, Pa. (Morton Newman, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., Jeffrey Herrmann, Harvey Reich, Katz, Robinson, Brog & Seymour, P.C., New York City, of counsel), for defendant-appellee.

Before OAKES, VAN GRAAFEILAND and PIERCE, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Pan American World Airways, Inc. (Pan Am) appeals from an order of the United States District Court for the Southern District of New York (Duffy, J.), 33 B.R. 383, affirming a bankruptcy court order, 21 B.R. 548, which rejected Pan Am's claim of an interest superior to that of Continental Bank in monies collected by Shulman Transport Enterprises, Inc. and Shulman Air Freight...

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