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IN RE ELLINGSEN MacLEAN OIL CO., INC.

No. 86-1452.

834 F.2d 599 (1987)

In re ELLINGSEN MacLEAN OIL CO., INC., and related cases, Debtor. UNSECURED CREDITORS' COMMITTEE; Mobil Oil Corporation, Plaintiffs-Appellants, v. FIRST NATIONAL BANK & TRUST COMPANY OF ESCANABA, and the Northern Trust Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 30, 1987.

Rehearing and Rehearing Denied January 15, 1988.

Attorney(s) appearing for the Case

Jonathan F. Thoits (argued) Day, Sawdey, Flaggert & Porter, Timothy J. Curtin, Varnum, Riddering, Schmidt, and Howlett, Grand Rapids, Mich., for plaintiffs-appellants.

Thomas L. Butch, Escanaba, Mich., David F. Heroy (argued), Barbara A. Zahs, Gardner, Carton & Douglas, Chicago, Ill., for defendants-appellees.

Before MERRITT, WELLFORD and NELSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 15, 1988.

WELLFORD, Circuit Judge.

This case presents interesting and difficult questions about the application of section 364 of the Bankruptcy Code. The case arises from a consolidated bankruptcy proceeding involving thirteen related debtors, among which Ellingsen MacLean Oil Company is the largest. The debtors are oil companies who provide, among other things, home heating oil to homes in the Marquette, Michigan...

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