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IN RE CO PETRO MARKETING GROUP, INC.

BAP No. 80-0037, Bankruptcy No. 80-04457LA.

11 B.R. 546 (1981)

In re CO PETRO MARKETING GROUP, INC., Debtor. COMMODITY FUTURES TRADING COMMISSION, Appellant, v. CO PETRO MARKETING GROUP, INC., and Irving Sulmeyer as Trustee of Co Petro Marketing Group, Inc., Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided April 20, 1981.

Attorney(s) appearing for the Case

David R. Merrill, Washington, D.C., for appellant.

Ronald S. Orr, Gibson, Dunn & Crutcher, Los Angeles, Cal., for appellees.

Before DAVIS, KATZ and HUGHES, Bankruptcy Judges.

OPINION

EDWARD E. DAVIS, Bankruptcy Judge:

This appeal, brought by the Commodity Futures Trading Commission [hereinafter referred to as the Commission] from an order of the bankruptcy court in favor of Co Petro Marketing Group, Inc., the debtor in a chapter 11 reorganization, and Irving Sulmeyer, the trustee, presents two issues. First, whether the bankruptcy court erred in denying the Commission intervention in the debtor's chapter 11 case to permit it...

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