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U.S. v. OIL TRANSPORT CO., INC.

Civ. A. No. 94-0127.

172 B.R. 834 (1994)

UNITED STATES of America v. OIL TRANSPORT COMPANY, INC.

United States District Court, E.D. Louisiana.

September 20, 1994.

Attorney(s) appearing for the Case

Keith B. Letourneau, U.S. Dept. of Justice, Washington, DC, Nancy Ann Nungesser, U.S. Attorney's Office, New Orleans, LA, for U.S.

Albert J. Derbes, III, Albert Joseph Derbes, IV, Jon A. Majewski, Eric J. Derbes, Albert J. Derbes, III & Associates, Metairie, LA, John Theodore Pender, New Orleans, LA, for Oil Transport Co., Inc.

CHARLES SCHWARTZ, Jr., District Judge.

Before the Court is defendant, Oil Transport Company, Inc.'s Motion for Dismissal Pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. The defendant's motion is based upon its belief that 11 U.S.C. § 362(a)(1), which grants an automatic stay against the commencement or continuation of judicial actions against debtors involved in bankruptcy proceedings, controls here. Plaintiff, the United States (hereinafter...

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