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COLISEUM CARTAGE CO. v. RUBBERMAID STATESVILLE

Nos. 91-2688, 91-2698.

975 F.2d 1022 (1992)

COLISEUM CARTAGE COMPANY, INCORPORATED, formerly known as Pacesetter Transportation Company; Consolidated/Mark, a Joint Venture between Consolidated Stores International Corporation and Mark Services, Incorporated, Plaintiffs-Appellees, v. RUBBERMAID STATESVILLE, INCORPORATED, formerly known as Rubbermaid Specialty Products; Rubbermaid Commercial Products, Incorporated, Defendants-Appellants. COLISEUM CARTAGE COMPANY, INCORPORATED, formerly known as Pacesetter Transportation Company; Consolidated/Mark, a Joint Venture between Consolidated Stores International Corporation and Mark Services, Incorporated, Plaintiffs-Appellants, v. RUBBERMAID STATESVILLE, INCORPORATED, formerly known as Rubbermaid Specialty Products; Rubbermaid Commercial Products, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 16, 1992.

Attorney(s) appearing for the Case

Glen Franklin Koontz, Keller & Heckman, Washington, D.C., argued (Michael F. Morrone, Keller & Heckman, Joseph W. Grier, III, J. Cameron Furr, Jr., Grier & Grier, Charlotte, N.C., on the brief), for defendants-appellants.

Joseph L. Steinfeld, Jr., Sims, Walker & Steinfeld, P.C., Washington, D.C., argued (Robert B. Walker, John T. Siegler, Sims, Walker & Steinfeld, P.C., Langdon M. Cooper, Raboteau T. Wilder, Jr., Alala, Mullen, Holland & Cooper, P.A., Gastonia, N.C., on the brief), for plaintiffs-appellees.

Before PHILLIPS and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

BUTZNER, Senior Circuit Judge:

The primary issue in this appeal is whether Coliseum Cartage Company has standing to join in this action as a plaintiff with Consolidated/Mark. The second issue is whether Coliseum and Consolidated are entitled to rely on the two-year statute of limitations extension provided in § 108(a) of the Bankruptcy Code, 11 U.S.C. § 108(a). The district court ruled favorably for Coliseum and Consolidated on these issues...

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