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IN RE ASC INC.

Civil Case No. 07-14142.

386 B.R. 187 (2008)

In re ASC INCORPORATED, Debtor. American Specialty Cars Holdings, LLC, Appellant, v. The Official Committee of Unsecured Creditors of ASC Incorporated, Appellee.

United States District Court, E.D. Michigan, Southern Division.

February 26, 2008.

Attorney(s) appearing for the Case

Charles J. Taunt, Dean R. Nelson, Erika D. Hart, Charles J. Taunt Assoc., Birmingham, MI, for Appellant.

David E. Schlackman, Carson Fischer, Bloomfield Hills, MI, for Appellee.

ORDER ADOPTING IN FULL THE REPORT AND RECOMMENDATION

JOHN FEIKENS, District Judge.

I have before me Magistrate Judge R. Steven Whalen's Report and Recommendation. In his Report, Judge Whalen recommends (1) that I construe the Notice of Appeal filed by American Specialty Cars Holdings, LLC ("Holdings") as a Motion for Leave to Appeal and DENY the motion; (2) that I GRANT the motion to dismiss filed by The Official Committee of Unsecured Creditors of ASC Incorporated...

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