IN RE INTERSTATE MOTOR FREIGHT SYSTEM, IMFS, INC.

Bankruptcy Nos. HG 84 00880, HG 84 00881, Adv. No. 85 215.

86 B.R. 500 (1988)

In re INTERSTATE MOTOR FREIGHT SYSTEM, IMFS, INC., Debtors. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, Central States, Southeast and Southwest Area Health and Welfare Fund, an employee benefit plan, and Howard McDougall, Trustee, Plaintiffs, v. James ROBBINS, Trustee, National Acceptance Company of America, First National Bank of Boston, Toronto Dominion Bank, Continental Illinois National Bank and Trust Co., Old Kent Bank and Trust Co., Comerica Bank, the Indiana National Bank, Marine Midland Bank, Central National Bank of Chicago, Pittsburgh National Bank, the Colorado National Bank of Denver, the First National Bank of Louisville, the Travelers Insurance Company, Congen Five and Co., and Connecticut General Life Insurance Co., Defendants.

United States Bankruptcy Court, W.D. Michigan.

May 10, 1988.


Attorney(s) appearing for the Case

Elizabeth Roberto, Douglas A. Firth, Russell N. Luplow, P.C., Bloomfield Hills, Mich., for plaintiffs.

Thomas W. Schouten, Dunn, Schouten & Snoap, Wyoming, Mich., for trustee.

James B. Frakie, Day, Sawdey, Flaggert and Porter, Grand Rapids, Mich., for Nat. Acceptance Co. of America.

C. Beth DunCombe, Joseph A. Fink, Dickinson, Wright, Moon, Van Dusen and Freemen, Detroit, Mich., for defendants Ins. Companies.

David Murphy, Hertzberg, Jacob and Weingarten, Detroit, Mich., for defendant Banks.


OPINION

LAURENCE E. HOWARD, Bankruptcy Judge.

MOTION TO DISMISS COUNT II

All the defendants with the exception of James Robbins, trustee, and National Acceptance Company of America, have brought a motion to dismiss Count II of the plaintiffs' complaint. The moving defendants contend that the count must be dismissed because the court cannot grant the plaintiffs the relief they seek under it without violating sections 506(c) and 726(b) of title 11...

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