IN RE BE-MAC TRANSPORT CO., INC.

Nos. 4:95CV00070 GFG, 4:95CV00385 GFG.

183 B.R. 563 (1995)

In re BE-MAC TRANSPORT COMPANY, INC., Debtor. FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for the Metro North State Bank, Appellant, v. BE-MAC TRANSPORT COMPANY, INC., Appellee.

United States District Court, E.D. Missouri, Eastern Division.

June 27, 1995.


Attorney(s) appearing for the Case

Peter M. Hamilton and Robert P. Sass, Sr., LaTourette and Schlueter, St. Louis, MO, for Be-Mac Transport Co., Inc., Unsecured Creditors Committee, Reorganized Debtor and Plan Committee for Be-Mac Transport Co., Inc.

Craig N. Schmid, White and Ovletrea, St. Louis, MO, for F.D.I.C.

Jan Bond, Diekemper and Hammond, St. Louis, MO, for Union Entities.

Steven W. LaBounty, I.R.S., Dist. Counsel's Office, and Carol Ann Robinson, Clerk, U.S. Bankruptcy Court, St. Louis, MO, for Leonora S. Long.

Steven Goldstein, Goldstein and Vouga, St. Louis, MO, for Congress Financial.


MEMORANDUM

GUNN, District Judge.

This matter is before the Court on a consolidated appeal from two orders entered by the United States Bankruptcy Court for the Eastern District of Missouri.

Certain facts are not disputed. This appeal involves the Chapter 11 case of Be-Mac Transport Company, Incorporated (Be-Mac or debtor), which was filed during January of 1993. On June 18, 1993, the Federal Deposit Insurance Corporation (FDIC), as receiver...

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