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IN RE REVCO D.S., INC.

No. 89-3545.

898 F.2d 498 (1990)

In re REVCO D.S., INC., et al., Debtors. Conrad J. MORGENSTERN, U.S. Trustee, Plaintiff-Appellant, v. REVCO D.S., INC., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 14, 1990.

Attorney(s) appearing for the Case

Bruce G. Forrest, William Kanter, Dept. of Justice Appellate Staff, Civ. Div., John E. Logan, U.S. Dept. of Justice Office for U.S. Trustees, Washington, D.C., for plaintiff-appellant.

Barbara H. Anderson, I. William Cohen, Pepper, Hamilton & Scheetz, Detroit, Mich., for Revco D.S., Inc.

Robert E. Gerber, Alan N. Resnick, argued, Brad E. Scheler, Madlyn B. Gleich, Nancy Guller Hayt, Fried, Frank, Harris, Shriver & Jacobson, New York City, Thomas R. Lucchesi, John Silas Hopkins, III, Baker & Hostetler, Cleveland, Ohio, Michael J. Crames, Levin, Weintraub & Crames, New York City, for Unsecured Noteholders Committee.

Before MARTIN and RYAN, Circuit Judges, and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

This case presents two questions: whether a United States bankruptcy trustee has standing under 11 U.S.C. § 307 to appeal a decision of the bankruptcy court refusing to appoint an examiner under 11 U.S.C. § 1104(b)(2), and whether § 1104(b)(2) in fact requires that an examiner be appointed. Because we conclude that the U.S. trustee has appellate standing, we reverse the decision of the district court. Because we conclude...

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