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IN RE R.C.S. ENGINEERED PRODUCTS CO.

Bankruptcy No. 91-30695. Adv. Nos. 93-2072, 93-2108.

168 B.R. 598 (1994)

In re R.C.S. ENGINEERED PRODUCTS CO., Debtor. Daniel C. HIMMELSPACH, Chapter 7 Trustee, Plaintiff, v. RAILCAR SPECIALTIES, INC., Defendant. RAILCAR SPECIALTIES, INC., Counter-Claimant, v. Daniel C. HIMMELSPACH, Trustee, and Spartan Tube & Steel, Inc., Counter-Defendants.

United States Bankruptcy Court, E.D. Michigan, Northern Division.

May 31, 1994.

Attorney(s) appearing for the Case

Kenneth W. Kable, Saginaw, MI, for trustee.

Charles T. Hewitt, Bay City, MI, for Railcar Specialties.

Michael S. Hohauser, Bloomfield Hills, MI, for Spartan Tube.

OPINION REGARDING STANDING TO BRING ALTER EGO ACTION

ARTHUR J. SPECTOR, Bankruptcy Judge.

On June 26, 1991, an involuntary petition for relief under chapter 7 of the Bankruptcy Code, 11 U.S.C. § 101 et seq., was filed against R.C.S. Engineered Products Company. One of the petitioning creditors was Spartan Tube & Steel, Inc. Rather than responding to the petition as such, the Debtor filed its...

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