IN RE APEX OIL CO.

No. 88-2741.

884 F.2d 343 (1989)

In re APEX OIL COMPANY, et al. Raymond KUBICIK, Bobby Franklin, Appellants, v. APEX OIL COMPANY, Clark Oil & Refining Corporation, Apex R.E. & T., Inc., d/b/a Apex Towing Company, Petroleum Fuel & Terminal Company, Inc., Crest Tankers, Inc., Clayton Tankers, Inc., Appellees, Examiner, Amicus.

United States Court of Appeals, Eighth Circuit.

Decided August 28, 1989.

Rehearing Denied October 13, 1989.


Attorney(s) appearing for the Case

Roy C. Dripps, Alton, Ill., for appellants.

John Talbot Sant, Jr., St. Louis, Mo., and Arnold M. Quittner, Los Angeles, Cal., for appellees.

Before ARNOLD, Circuit Judge, HENLEY, Senior Circuit Judge, and MAGILL, Circuit Judge.


HENLEY, Senior Circuit Judge.

Raymond Kubicik and Bobby Franklin appeal the bankruptcy court's1 denial of their motions filed pursuant to 11 U.S.C. § 362(d) to terminate the automatic stay provision of 11 U.S.C. § 362(a) in Apex Oil's (Apex) Chapter 11 bankruptcy case. The case is before this court pursuant to a transfer of an appeal by the district court2 pursuant to 28 U.S.C. § 1631.

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