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IN RE IRON-OAK SUPPLY CORP.

Bankruptcy No. 91-20187-A-11. Adv. Nos. 93-3191-B, 93-3240-C, 93-3246-A, 93-3247-A and 93-3260-A.

162 B.R. 301 (1993)

In re IRON-OAK SUPPLY CORPORATION, a California Corporation, Debtor. IRON-OAK SUPPLY CORPORATION and its Official Unsecured Creditors' Committee, Plaintiffs, v. NIBCO, INC., Defendant. IRON-OAK SUPPLY CORPORATION and its Official Unsecured Creditors' Committee, Plaintiffs, v. NIBCO INDUSTRIAL SERVICE CENTER, Defendant. IRON-OAK SUPPLY CORPORATION and its Official Unsecured Creditors' Committee, Plaintiffs, v. NIBCO NORTHWEST, INC., Defendant. IRON-OAK SUPPLY CORPORATION and its Official Unsecured Creditors' Committee, Plaintiffs, v. NIBCO/QUALITY PIPING PRODUCTS, Defendant. IRON-OAK SUPPLY CORPORATION and its Official Unsecured Creditors' Committee, Plaintiffs, v. NIBCO/SWM MARKETING CORP., Defendant.

United States Bankruptcy Court, E.D. California.

December 29, 1993.

Attorney(s) appearing for the Case

Jane Dickson McKeag, Diepenbrock, Wulff, Plant & Hannegan, Sacramento, CA, for plaintiffs.

Lisa L. Ditora, Downey, Brand, Seymour & Rohwer, Sacramento, CA, for defendants.

Before LOREN S. DAHL, Chief Judge, and DAVID E. RUSSELL and CHRISTOPHER M. KLEIN, Bankruptcy Judges.

MEMORANDUM DECISION ON MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED

CHRISTOPHER M. KLEIN, Bankruptcy Judge:

This motion to dismiss poses a question of first impression prompted by recent court of appeals decisions that saddle the debtor in possession with the trustee's two-year statute of limitations for bringing avoiding actions, 11 U.S.C. § 546(a)(1), measured from the date the bankruptcy case is filed...

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