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IN RE MARINE POLLUTION SERVICE, INC.

Bankruptcy Nos. 87-B-11548 (CB), 87-B-11642 (CB), 88 Civ. 640 (MBM).

88 B.R. 588 (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.

July 14, 1988.

Attorney(s) appearing for the Case

Matthew J. Gold, Daniel R. Goodman, Schulte Roth & Zabel, New York City, for plaintiff David Brodsky.

Jerold Jacobson, Summit Rovins & Feldesman, New York City, Special Labor Counsel to the Trustee.

Walter M. Meginniss, Jr., Gladstein Reif Meginniss, Brooklyn, N.Y., for debtor Transit Mix.

Stephen Fine, Cohn Glickstein & Lurie, New York City, for defendant Certified Concrete Co.

MUKASEY, District Judge.

This is an appeal pursuant to 28 U.S.C. § 158(a) of a decision by the Bankruptcy Court in this District vacating an arbitration award that would have the effect of permitting drivers for Transit Mix Concrete Corporation ("Transit Mix") to work on projects being supplied by Certified Concrete Company ("Certified"), by combining the seniority lists of drivers for these two debtors. For the reasons set forth below, the decision of the Bankruptcy...

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