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IN RE THE GIBSON GROUP, INC.

No. 94-3567.

66 F.3d 1436 (1995)

In re The GIBSON GROUP, INC., Debtor. CANADIAN PACIFIC FOREST PRODUCTS LIMITED, Plaintiff-Appellant, v. J.D. IRVING, LIMITED, Blum International Inc., West Indies Pulp & Paper Ltd., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 28, 1995.

Attorney(s) appearing for the Case

Jeffrey Alan Marks (argued and briefed), Taft, Stettinius & Hollister, Cincinnati, OH, for Canadian Pacific Forest Products Limited.

Quintin F. Lindsmith (argued and briefed), Bricker & Eckler, Columbus, OH, for J.D. Irving, Limited.

Michael G. Kohn, Cincinnati, OH, for Blum International Inc.

John D. Luken (briefed), Douglas W. Campbell, Dinsmore & Shohl, Cincinnati, OH, for West Indies Pulp & Paper Ltd.

Before: MARTIN, GUY, and DAUGHTREY, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

This appeal addresses the question of whether Congress intended to confer exclusive authority to file an action to avoid preferential or fraudulent transfers, pursuant to 11 U.S.C. §§ 547 and 548, on a trustee or debtor-in-possession, or whether a creditor might have standing to file such an action. Specifically, we must decide whether Canadian Pacific Forest Products Limited has standing to file an action to avoid allegedly...

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