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IN RE IML FREIGHT, INC.

Bankruptcy Nos. 83C-01950, 83C-01951 and 83C-01952.

52 B.R. 124 (1985)

In re IML FREIGHT, INC., a Utah Corporation, Debtor. In re IML PROPERTIES, INC., a Utah Corporation, Debtor. In re INTERSTATE RENTAL OF UTAH, INC., a Utah Corporation, Debtor.

United States Bankruptcy Court, D. Utah.

June 25, 1985.

Attorney(s) appearing for the Case

Robert D. Merrill and Danny C. Kelly, Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, and Russell C. Fericks, Richards, Brandt, Miller & Nelson, Salt Lake City, Utah, for trustee.

Douglas L. Furth, Fabian & Clendenin, Salt Lake City, Utah, for Tradex, Inc.

Frederick Perillo, Goldberg, Previant, Uelman, Gratz, Miller & Brueggeman, Milwaukee, Wis., for the Teamsters Nat. Freight Industry Negotiating Committee.

David E. Leta, Hansen, Jones, Maycock & Leta, Salt Lake City, Utah, for the Joint Bd. of Trustees of the Western Conference of Teamsters Pension Trust Fund.

James C. Swindler, Rooker, Larsen, Kimball & Parr, Salt Lake City, Utah, for the Central States, Southeast and Southwest Areas Health and Welfare and Pension Funds.

David M. Connors, LeBoeuf, Lamb, Leiby & MacRae, Salt Lake City, Utah, for the unsecured creditors' committee.

MEMORANDUM OPINION

GLEN E. CLARK, Bankruptcy Judge.

CASE SUMMARY

This matter came before the Court on January 4, 1985, on the trustee's Motion for an Order Permitting Payment of Allowed Professional Fees. The Court is called upon to decide whether and to what extent professional persons employed in a superseded Chapter 11 case should be paid their allowed administrative expense claims where there are insufficient assets in the debtor's estate to...

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