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INTERPOOL, LTD. v. CERTAIN FREIGHTS OF M/VS VENTURE STAR

No. 88-5833.

878 F.2d 111 (1989)

INTERPOOL, LIMITED v. CERTAIN FREIGHTS OF THE M/VS VENTURE STAR, MOSMAN STAR, FJORD STAR, LAKES STAR, LILY STAR, et al. Appeal of Robert George DUNN, as Liquidator of the Estate of KKL (Kangaroo Line) PTY Limited, debtor in a foreign proceeding.

United States Court of Appeals, Third Circuit.

Decided June 23, 1989.

Attorney(s) appearing for the Case

Donald J. Kennedy (argued), Alan Heblack, Haight Gardner Poor & Havens, New York City, for appellant.

Hyman Hillenbrand (argued), Kenneth Fremont, Kroll & Tract, New York City, C. Douglas Wikle (argued), Wikle & Henry, Professional Corp., Los Angeles, Cal., for appellees.

Before MANSMANN, GREENBERG and SCIRICA, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

Presently before the court is an appeal by Robert George Dunn, the Australian liquidator of the estate of KKL (Kangaroo Line) Pty Limited ("KKL"), from an order of the district court denying his motion to dismiss a Chapter 7 proceeding brought by KKL's creditors and, correspondingly, granting leave for the Chapter 7 case to proceed. Because we find that Section 305(c) of the Bankruptcy Code forecloses appellate...

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