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  5. 99 B.R. 210 (1989)
 

IN RE MARINE POLLUTION SERVICE, INC.

Bankruptcy Nos. 87 B 11548(CB), 87 B 11642(CB), Adv. No. 88-5593A.

99 B.R. 210 (1989)

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 Transit Mix Concrete Corporation, Plaintiff, v. INDEPENDENT CEMENT CORPORATION, Defendant.

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

March 28, 1989.

Attorney(s) appearing for the Case

Schulte, Roth & Zabel, New York City, for David Brodsky, trustee for Transit Mix Concrete Corp. (Roger Mead and Anju Uchima, of counsel).

Breed, Abbott & Morgan, New York City, for defendant (C. Macneil Mitchell and Abner T. Zelman, of counsel).

DECISION ON DEFENDANT'S MOTION TO DISMISS

CORNELIUS BLACKSHEAR, Bankruptcy Judge.

Facts

Transit Mix Concrete Corp. ("Transit Mix") filed its reorganization petition under Title 11 of the United States Code (the "Bankruptcy Code" or "Code") with this Court on or about August 24, 1987. Transit Mix operated its business and managed its properties as a debtor-in-possession under §§ 1107 and 1108 of the Code until September 9, 1987...

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