IN RE PULASKI HIGHWAY EXP., INC.

Bankruptcy No. 382-00465.

57 B.R. 502 (1986)

In re PULASKI HIGHWAY EXPRESS, INC., Debtor.

United States Bankruptcy Court, M.D. Tennessee.

January 9, 1986.


Attorney(s) appearing for the Case

Greg Nelson, Dept. of Justice, Washington, D.C., for U.S.

R. Jan Jennings, Nashville, Tenn., for Central States Pension Fund.

Paul K. Bramlett, Nashville, Tenn., for J.T. Foster.


MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The issue presented is whether a multiemployer pension plan's withdrawal liability claim is entitled to administrative expense priority. On peculiar facts and for the reasons stated below, the withdrawal liability claim must be apportioned between pre- and post-petition liability. The post-petition portion of the claim, when ultimately fixed in amount, may be entitled to administrative expense priority, in whole...

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