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IN RE RCS ENGINEERED PRODUCTS CO., INC.

No. 95-1223.

102 F.3d 223 (1996)

In re RCS ENGINEERED PRODUCTS COMPANY, INC., Debtor. SPARTAN TUBE AND STEEL, INC., Plaintiff-Appellant, v. Daniel C. HIMMELSPACH; Railcar Specialties, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 11, 1996.

Attorney(s) appearing for the Case

Thomas K. Lindahl (argued and briefed), Lindahl & Gross, Birmingham Farm, MI, for Plaintiff-Appellant.

Kenneth W. Kable (briefed), Braun, Kendrick, Finkbeiner, Saginaw, MI, for Daniel C. Himmelspach.

Charles T. Hewitt (argued and briefed), Smith & Brooker, Bay City, MI, for Railcar Specialties, Incorporated.

Before: NORRIS and SUHRHEINRICH, Circuit Judges; WELLS, District Judge.

ALAN E. NORRIS, Circuit Judge.

Plaintiff, Spartan Tube and Steel, Inc. ("Spartan"), appeals from an order of the district court affirming a bankruptcy court's judgment. The bankruptcy court held that only a debtor's bankruptcy trustee has standing to assert an alter ego claim against the debtor's parent company and stayed Spartan's state court alter ego action against the parent company pursuant to § 362(a)(3) of the Bankruptcy Code. The bankruptcy court's judgment...

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