IN RE BEKER INDUSTRIES CORP.

Bankruptcy Nos. 85 B 11709, 85 B 11710, and 85-6825A.

57 B.R. 611 (1986)

In re BEKER INDUSTRIES CORP., et al., Debtors. BEKER INDUSTRIES CORP. and Beker Phosphate Corporation, as debtors in possession, Plaintiffs, v. FLORIDA LAND AND WATER ADJUDICATORY COMMISSION, Board of County Commissioners of Manatee County, Florida, Defendants.

United States Bankruptcy Court, S.D. New York.

As Corrected February 13, 1986.


Attorney(s) appearing for the Case

Kronish, Lieb, Weiner & Hellman by Richard Lieb, Alan Levine, Karen M. Klein, Ingrid R. Sausjord, New York City, for the debtors in possession.

Stroock & Stroock & Lavan by Bonnie Schindel, New York City, for the Creditors Committee.

Bishop, Liberman & Cook by James M. Nolan, New York City, for Jessup & Lamont Capital Corp.

Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. by Alan C. Sundberg, Russell S. Bogue, III, Nancy G. Linnan, Tallahassee, Fla., for Manatee County.

Wachtel, Lipton, Rosen & Katz by Scott Kenneth Charles, New York City, for the First Nat. Bank of Boston.

The Attorney General's Office for State of Fla., Dept. of Legal Affairs by David K. Miller, David G. Guest, Asst. Atty. Generals, Tallahassee, Fla., for Florida Land & Water Adjudicatory Com'n.


DECISION

HOWARD C. BUSCHMAN, III, Bankruptcy Judge.

Beker Industries Corp. and Beker Phosphate Corporation (the "Debtors" or "Beker") seek a preliminary injunction preventing the continuation of an administrative proceeding (the "Proceeding") in Tallahassee, Florida. The Proceeding was scheduled to be heard on January 7, 1986 before the Florida Land and Water Adjudicatory Commission (the "Commission") which is composed...

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