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IN RE HANOVER INDUS. MACH. CO.

Bankruptcy No. 85-04471G, Adv. No. 86-0058G.

61 B.R. 551 (1986)

In re HANOVER INDUSTRIAL MACHINE CO., t/a Himco, Debtor. HANOVER INDUSTRIAL MACHINE CO., Plaintiff, v. AMERICAN CAN COMPANY, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

June 6, 1986.

Attorney(s) appearing for the Case

Melvin Lashner, J. Scott Victor, Melvin Lashner Associates, Philadelphia, Pa., for debtor/plaintiff, Hanover Indust. Mach. Co., t/a Himco.

David M. Friedman, Finley, Kumble, Wagner, Heine, Underberg, Manley & Casey, New York City, for defendant, American Can Co.

Robert Lapowsky, Rubin, Quinn & Moss, Philadelphia, Pa., for movant, Official Creditors' Committee.

OPINION

EMIL F. GOLDHABER, Chief Judge:

The issue to be determined in the case at bench is whether the ruling on intervention issued in Official Unsecured Creditors' Committee v. Michaels (In Re Marin Motor Oil, Inc.), 689 F.2d 445 (3d Cir.1982),1 was "overruled" by the later adopted Bankruptcy Rules which took effect on August 1, 1983. We conclude that it was not "overruled," since the...

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