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IN RE METZELER

Bankruptcy No. 85 B 11183.

78 B.R. 674 (1987)

In re Friedrich-Wilhelm METZELER, as Trustee in Bankruptcy for Uni-Petrol Geselleschaft fuer Mineralolprodukte m.b.H. a German limited liability company. Friedrich-Wilhelm METZELER, Trustee, Petitioner, v. BOUCHARD TRANSPORTATION CO., INC., Respondent.

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

September 11, 1987.

Attorney(s) appearing for the Case

Hughes Hubbard & Reed, New York City by Thomas D. Goldberg, for petitioner.

Beck, Halberg & Williamson, New York City by Herbert B. Halberg, for respondent.

DECISION and ORDER

HOWARD C. BUSCHMAN, III, Bankruptcy Judge.

Respondent Bouchard Transportation Co., Inc. ("Bouchard") seeks an order pursuant to Rule 7012(b) of the Rules of Bankruptcy Procedures and Rule 12(b)(6) of the Federal Rules of Civil Procedure dismissing the amended petition brought by the Trustee of Uni-Petrol Geselleschaft fur Mineralolprodukte mbH ("Uni-Petrol") pursuant to § 304 of the Bankruptcy Code, 11 U.S.C. § 304, (1986) (the...

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