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IN RE PRUDENTIAL LINES, INC.

Bankruptcy No. 86 B 11773, Adv. No. 86-5865A.

79 B.R. 167 (1987)

In re PRUDENTIAL LINES, INC., Debtor. PRUDENTIAL LINES, INC., Plaintiff, v. The UNITED STATES MARITIME ADMINISTRATION, United States Department of Transportation, Defendants.

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

September 29, 1987.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. by James L. Garrity, Jr., New York City, John Stemplewicz, U.S. Dept. of Justice, Washington, D.C., for defendants.

Stroock & Stroock & Lavan, New York City by Sheldon I. Hirshon, John B. Berringer, for debtor.

DECISION & ORDER

HOWARD C. BUSCHMAN, III, Bankruptcy Judge.

The United States Maritime Administration ("MarAd") and the United States Department of Transportation (collectively, the "Defendants") seek an order pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, Fed.R.Civ.P. 12(b), and Rule 7012 of the Rules of Bankruptcy Procedure, Fed.R.Bankr.Proc. 7012, dismissing the complaint (the "Complaint") filed by Prudential Lines, Inc. ("PLI" or...

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