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IN RE COASTAL GROUP INC.

No. 93-7349.

13 F.3d 81 (1994)

In re COASTAL GROUP INC.; Construction Management Services, Inc.; Hatzel & Buehler, Inc., Debtors. CONSTRUCTION MANAGEMENT SERVICES, INC. v. MANUFACTURERS HANOVER TRUST COMPANY, Appellant, Thomas E. Ross, Trustee.

United States Court of Appeals, Third Circuit.

Decided January 3, 1994.

Attorney(s) appearing for the Case

James L. Patton, Jr. (argued), Laura D. Jones, Young, Conaway, Stargatt & Taylor, Wilmington, DE, for appellee.

Francis A. Monaco, Jr., Joseph J. Bodnar, Walsh & Monzack, Wilmington, DE, Peter Feldman (argued), Morton L. Gitter, Glenn B. Rice, Gregory S. Kinoian, Otterbourg, Steindler, Houston & Rosen, P.C., New York City, for appellant.

Before: SCIRICA and ALITO, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

LOUIS H. POLLAK, District Judge.

Manufacturers Hanover Trust Company ("MHT") appeals from an order of the district court reversing the bankruptcy court's order that dismissed an adversary proceeding brought by Construction Management Services ("CMS") against MHT. The question raised by this appeal is whether the two-year limitations period found in § 546(a)(1) of the Bankruptcy Code applies to debtors-in-possession or only to trustees...

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