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IN RE ML BARGE POOL VII PARTNERS SERIES A

Bankruptcy No. 86-03097-DPM, Adv. No. 87-0042(2).

71 B.R. 161 (1987)

In re ML BARGE POOL VII PARTNERS SERIES A, formerly known as ML Barge Pool VII Partners, Debtors. ML BARGE POOL VII PARTNERS — SERIES A, Plaintiff, v. UNITED STATES of America, DEPARTMENT OF TRANSPORTATION MARITIME ADMINISTRATION, Defendant.

United States Bankruptcy Court, E.D. Missouri, E.D.

March 11, 1987.

Attorney(s) appearing for the Case

John D. Evans, Jr., St. Louis, Mo., for plaintiff.

Jill S. Newman, Asst. U.S. Atty., St. Louis, Mo., for defendant.

MEMORANDUM OPINION

DAVID P. McDONALD, Bankruptcy Judge.

INTRODUCTION

On February 27, 1987, Debtor filed a Complaint against the United States Department of Transportation Maritime Administration ("MARAD") requesting the Court to exercise its equitable powers under Section 105 of the Bankruptcy Code ("Code"), and, notwithstanding MARAD's apparent authority to sell Debtor's barges under Section 362(b)(12) of the Code, stay such a sale...

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