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IN RE DSC, LTD.

No. 06-1813.

486 F.3d 940 (2007)

In re DSC, LTD., a Michigan corporation, Debtor. Riverview Trenton Railroad Company; Crown Enterprises, Inc., Plaintiffs-Appellants, v. DSC, Ltd., a Michigan Corporation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 23, 2007.

Attorney(s) appearing for the Case

ARGUED: K. Scott Hamilton, Dickinson Wright, Detroit, Michigan, for Appellants. Geoffrey L. Silverman, Silverman & Morris, West Bloomfield, Michigan, for Appellee. ON BRIEF: K. Scott Hamilton, Dickinson Wright, Detroit, Michigan, for Appellants. Geoffrey L. Silverman, Karin F. Avery, Silverman & Morris, West Bloomfield, Michigan, for Appellee.

Before: MERRITT and MARTIN, Circuit Judges; FORESTER, Senior District Judge.

OPINION

FORESTER, Senior District Judge.

This litigation arose from an amended petition for involuntary bankruptcy filed by the Plaintiffs-Appellants, Riverview Trenton Railroad Company ("RTRR") and Crown Enterprises, Inc. ("Crown"), and two other entities against DSC, Ltd. ("DSC"). The bankruptcy court ultimately dismissed the amended involuntary petition due to the lack of a sufficient number of qualified creditors under 11 U.S.C. § 303(b)(1). Relying...

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