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EDDLEMAN v. U.S. DEPT. OF LABOR

No. 88-2793.

923 F.2d 782 (1991)

C. James EDDLEMAN also known as Jim Eddleman; Jane B. Eddleman, d/b/a J & J Cattle Company, Inc. and Blue Fin Transport, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF LABOR, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 15, 1991.

Attorney(s) appearing for the Case

Jeffrey A. Clair, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C. (Stuart M. Gerson, Asst. Atty. Gen., William Kanter, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., and Michael J. Norton, U.S. Atty., D. Colo., Denver, Colo., with him on the briefs), for defendant-appellant.

Matthew D. Skeen (Christopher E. Bench, with him on the brief) of Skeen & Pearlman, P.C., Denver, Colo., for plaintiffs-appellees.

Before McKAY, BARRETT, and ANDERSON, Circuit Judges.

McKAY, Circuit Judge.

This appeal arises from an attempt by the appellant, United States Department of Labor ("DOL"), to maintain an administrative action against a chapter 11 debtor. The United States Bankruptcy Court for the District of Colorado ruled that DOL's action was stayed by the automatic stay provision of the Bankruptcy Code, and the district court affirmed. We reverse.

I. Facts

Appellees James and Jane Eddleman owned a mail-hauling business...

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