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IN RE HIGHWAY TRUCK DRIVERS & HELPERS LOCAL 107

Nos. 89-1312, 89-1313.

888 F.2d 293 (1989)

In re HIGHWAY TRUCK DRIVERS & HELPERS LOCAL UNION # 107. Appeal of Ronald and Frances GAJKOWSKI, et al.

United States Court of Appeals, Third Circuit.

Decided October 30, 1989.

Attorney(s) appearing for the Case

Gregory T. Magarity, Martha E. Johnston, Debra Klebanoff, Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa., for appellants.

Albert A. Ciardi, Jr., David S. Fishbone, Ciardi, Fishbone & DiDonato, Philadelphia, Pa., for appellee-Highway Truck Drivers & Helpers Local Union No. 107.

James D. Crawford, James J. Leyden, Frank C. Sabatino, Nicholas J. LePore, III, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellee-Teamsters Health & Welfare Fund of Philadelphia & Vicinity & Teamsters Pension Fund of Philadelphia & Vicinity.

Richard H. Markowitz, Markowitz & Richman, Philadelphia, Pa., for appellee-PA Conference of Teamsters, Teamsters Joint Council No. 53, & Teamsters Joint Council No. 53 Retirement Trust.

Before MANSMANN, NYGAARD and ALDISERT, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) September 5, 1989.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

Ronald and Frances Gajkowski, William and Jean Abate and Robert Schipske ("Gajkowski creditors"), appeal from the order of the district court which affirmed the order of the bankruptcy court granting Highway Truck Drivers and Helpers Local Union No. 107 ("Debtor 107") relief from the automatic stay provisions of 11 U.S.C. § 362(a).

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