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IN RE CO PETRO MARKETING GROUP, INC.

Bankruptcy No. LA 80-04457-JD.

6 B.R. 119 (1980)

In re CO PETRO MARKETING GROUP, INC., Debtor.

United States Bankruptcy Court, C.D. California.

September 10, 1980.

Attorney(s) appearing for the Case

Bernard Elias, Beverly Hills, Cal., Anthony Murray, Brian C. Cuff, Long Beach, Cal., Ball, Hunt, Hart, Brown & Baerwitz, Beverly Hills, Cal., Peter R. Stoll, A Professional Law Corp., Los Angeles, Cal., for debtor.

Ronald S. Orr, Gibson, Dunn & Crutcher, Los Angeles, Cal., Edmond R. Davis, Overton, Lyman & Prince, Los Angeles, Cal., for trustee.

Gregory C. Glynn, Associate Gen. Counsel, David R. Merrill, Charles R. Mills, Nancy E. Yanofsky, Commodity Futures Trading Commission, Washington, D.C., Andrea Sheridan Ordin, U.S. Atty., Howard Gest, Asst. U.S. Atty., Los Angeles, Cal., for the Commodity Futures Trading Commission.

OPINION

JAMES R. DOOLEY, Bankruptcy Judge.

On May 19, 1980 Co Petro Marketing Group, Inc., ("Co Petro") filed a voluntary petition for a Chapter 11 reorganization under Title I of the Bankruptcy Reform Act of 1978 (The Bankruptcy Code), 11 U.S.C. § 101 et seq. The Commodity Futures Trading Commission ("Commission") has moved to dismiss Co Petro's petition on the grounds that (1) as a matter of law a commodity...

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