IN RE TRISM, INC.

No. 02-2060.

328 F.3d 1003 (2003)

In re: TRISM, INC.; Trism Heavy Haul, Inc.; E.L. Powell & Sons Trucking Co., Inc.; Trism Specialized Carriers, Inc.; Trism Special Services, Inc.; Trism Secured Transportation, Inc.; Diablo Systems, d/b/a Diablo Transportation, Inc.; Trism Eastern, d/b/a C.I. Whitten Transfer, Inc.; Tri-State Motor Transit Co.; Aero Body and Truck Equipment, Inc.; Trism Logistics, Inc.; Trism Equipment, Inc.; Trism Transport, Inc.; Trism Transport Services, Inc., as individual entities and as debtors in possession, Debtors. Official Committee of Unsecured Creditors, Appellant, v. Trism, Inc.; Trism Heavy Haul, Inc; E.L. Powell & Sons Trucking Co., Inc.; Trism Specialized Carriers, Inc.; Trism Special Services, Inc.; Trism Secured Transportation, Inc.; Diablo Systems, d/b/a Diablo Transportation, Inc.; Trism Eastern, d/b/a C.I. Whitten Transfer, Inc.; Tri-State Motor Transit Co.; Aero Body and Truck Equipment, Inc.; Trism Logistics, Inc.; Trism Equipment, Inc.; Trism Transport, Inc.; Trism Transport Services, Inc., as individual entities and as debtors in possession; CIT Group/Business Credit, Inc.; Bed Rock, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 16, 2003.


Attorney(s) appearing for the Case

Nicholas A. Franke, argued, St. Louis, MO (Daniel D. Doyle, Lisa A. Epps, and Scott J. Goldstein, on the brief), for appellant.

Daniel Roy Young, argued, Kansas City, MO (Mark G. Stingley, Edward H. Wasmuth, Jr., and James Kevin Checkett, on the brief), for appellee.

Before BOWMAN, MORRIS SHEPPARD ARNOLD, and RILEY, Circuit Judges.


RILEY, Circuit Judge.

Trism, Inc. and its thirteen subsidiaries (collectively Trism) filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code. About a month later, Trism requested that the bankruptcy court approve an order authorizing the sale of Trism's assets to Bed Rock, Inc. (Bed Rock). In the order authorizing the sale, the bankruptcy court released Bed Rock, Bed Rock's principal owner and president, Glenn Garrett (Garrett), and CIT Group/Business...

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