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IN RE TRANSCON LINES

No. 94-55425.

58 F.3d 1432 (1995)

In re TRANSCON LINES, Debtor. Leonard L. GUMPORT, Trustee of the Bankruptcy Estate of Transcon Lines, Plaintiff-Appellant, v. STERLING PRESS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 10, 1995.

As Amended on Denial of Rehearing and Rejection of Suggestion for Rehearing September 14, 1995.

Attorney(s) appearing for the Case

Leonard L. Gumport, Hufstedler & Kaus, Patrick L. Shreve, Tuttle & Taylor, Los Angeles, CA, for plaintiff-appellant.

Daniel J. Sweeney, McCarthy, Sweeney & Harkaway, Washington, DC; Richard H. Streeter, Barnes & Thornburg, Washington, DC, for defendant-appellee and amici curiae National Small Shipments Traffic Conference, Inc. and Health and Personal Care Distribution Conference, Inc.

Beth E. Cook, U.S. Dept. of Justice, Washington, DC, for amicus curiae U.S.

Frederic L. Wood, Donelan, Cleary, Wood & Maser, Washington, DC, for amici curiae The National Industrial Transportation League and The Transp. Claims and Prevention Council.

Robert W. Baker, Halfpenny, Hahn, Roche & Marchese, Chicago, IL, for amicus curiae National Ass'n of Wholesaler-Distributors.

Before: WALLACE, Chief Judge, REINHARDT and BRUNETTI, Circuit Judges.

As Amended on Denial of Rehearing and Rejection of Suggestion for Rehearing En Banc September 14, 1995.

WALLACE, Chief Judge:

Gumport, in his capacity as trustee of the bankruptcy estate of Transcon Lines (Transcon), appeals from the district court's summary judgment in favor of Sterling Press (Sterling). The determinative issue in this case is whether certain antiforfeiture provisions of the Bankruptcy Code, 11 U...

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