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IN RE MARINE POLLUTION SERVICE, INC.

Bankruptcy Nos. 87-B-11548 (CB), 87-B-11642 (CB), No. 88 Civ. 0640 (MBM).

89 B.R. 344 (1988)

In re MARINE POLLUTION SERVICE, INC., t/a Certified Concrete Co., Debtor. In re TRANSIT MIX CONCRETE CORP., Debtor. David M. BRODSKY, as Trustee for Marine Pollution Service, Inc., t/a Certified Concrete Co., and Transit Mix Concrete Corp., Plaintiff, v. LOCAL 282, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA; Certified Concrete Co. Drivers Committee of Local 282; Transit Mix Concrete Corp. Drivers Committee of Local 282; William Michael Meyers; and Thomas A. Knowlton, Esq., Defendants.

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

August 2, 1988.

Attorney(s) appearing for the Case

Matthew Gold, Schulte Roth & Zabel, New York City, for plaintiff.

Walter M. Meginniss, Jr., Gladstein, Reif & Meginniss, Brooklyn, N.Y., for defendants.

OPINION AND ORDER

MUKASEY, District Judge.

The Certified Drivers and, belatedly, the Trustee have moved for a stay of the order entered herein on July 18, 1988, reversing a decision of the Bankruptcy Court and reinstating an arbitration award. Familiarity with that prior order and the opinion underlying it are assumed. Because the Trustee did not submit papers until the afternoon of Thursday, July 28, with the automatic stay under Bankruptcy Rule 8017(a...

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