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IN RE McLEAN TRUCKING CO.

Bankruptcy No. C-B-86-0023, Adv. No. 87-0040.

74 B.R. 820 (1987)

In re McLEAN TRUCKING COMPANY, Federal ID No. 56-0485391, Debtor. McLEAN TRUCKING COMPANY, Plaintiff, v. The DEPARTMENT OF INDUSTRIAL RELATIONS for the State of California; the Self-Insurers Security Fund; Ronald Rinaldi; Paul Bayer; Arthur Fitzgerald; Theresa Greer; John B. Hulsebus; John C. Wilson; Joseph E. Markey; and Protective Insurance Company, Defendants.

United States Bankruptcy Court, W.D. North Carolina, Charlotte Division.

June 3, 1987.

Attorney(s) appearing for the Case

Joseph B.C. Kluttz and L. Campbell Tucker, III, of Kennedy, Covington, Lodbell & Hickman, Charlotte, N.C., for debtor.

C. Richard Rayburn, Jr., Charlotte, N.C., for Dept. of Indus. Relations for the State of Cal.

Daniel G. Clodfelter and David S. Walls, of Moore & Van Allen, Charlotte, N.C., for Self-Insurers' Security Fund and the individual members of the board of trustees of the Self-Insurers Fund.

Walter W. Pitt, Jr., of Bell, Davis & Pitt, Winston-Salem, N.C., for Protective Ins. Co.

Thomas B. Henson, of Robinson, Bradshaw & Hinson, P.A., Charlotte, N.C., for the Committee of Unsecured Creditors.

MEMORANDUM OPINION AND ORDER

MARVIN R. WOOTEN, Bankruptcy Judge.

THIS MATTER was before the Court on March 4, 1987, upon motion of the Debtor, McLean Trucking Company, for a preliminary injunction, asking that Defendants be restrained from taking any action to collect upon a surety bond written by Protective Insurance Company as surety for the Debtor and running in favor of Defendant California Department of Industrial...

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