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MATTER OF ELLINGSEN MacLEAN OIL CO., INC.

No. M85-332 CA2.

65 B.R. 358 (1986)

In the Matter of ELLINGSEN MacLEAN OIL COMPANY, INC., and related cases, Debtor. UNSECURED CREDITORS' COMMITTEE MOBIL OIL CORPORATION, Ellingsen Mac Lean Oil Co., Inc. v. FIRST NATIONAL BANK & TRUST CO. OF ESCANABA, the Northern Trust Co.

United States District Court, W.D. Michigan, N.D.

April 30, 1986.

Attorney(s) appearing for the Case

Robert W. Sawdey, Jonathan Thoits, Day, Sawdey, Flaggert & Porter, Grand Rapids, Mich., for Unsecured Creditors' Committee, appellant.

Timothy J. Curtin, Varnum, Riddering, Schmidt & Howlett, Grand Rapids, Mich., for Mobil Oil Corp., appellant.

David F. Heroy, Barbara A. Zahs, Gardner, Carton & Douglas, Chicago, Ill., for The Northern Trust Co., appellee.

Thomas L. Butch, Escanaba, Mich., for First Nat. Bank.

Donald W. Bays, Marquette, Mich., Herbert Wolas, Robinson, Wolas & Diamant, Los Angeles, Cal., for Ellingsen MacLean Oil.

OPINION

MILES, District Judge.

This appeal stems from a final order of the United States Bankruptcy Court for the Western District of Michigan, Northern Division. The umbrella bankruptcy proceeding from which this appeal comes involves thirteen debtors. These debtors are thirteen oil companies who provide, among other services and products, home heating oil to families in the Marquette, Michigan area. The debtors as "debtors in possession" were all operating...

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