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IN RE WHEELING-PITTSBURGH STEEL CORP.

Civ. A. Nos. 86-902, 86-1201, Bankruptcy No. 85-793.

67 B.R. 735 (1986)

In re WHEELING-PITTSBURGH STEEL CORPORATION, Debtor. SHAWMUT BANK OF BOSTON, N.A., and the United States of America on behalf of its agency the Economic Development Administration of the Department of Commerce, Appellants, v. WHEELING-PITTSBURGH STEEL CORPORATION, Appellee.

United States District Court, W.D. Pennsylvania.

November 26, 1986.

Attorney(s) appearing for the Case

Judith K. Giltenboth, Asst. U.S. Atty., Dean Cooper, Dept. of Justice, Civ. Div., William Allen Ogden, Office of Chief Counsel, Economic Development Admin., Washington, D.C., for E.D.A.

Sidney R. Finkel, Baskin, Flaherty, Elliott, Mannino, Pittsburgh, Pa., for Shawmut Bank of Boston, N.A.

M. Bruce McCullough, Pittsburgh, Pa., Ronald S. Orr, Gibson, Dunn & Crutcher, Los Angeles, Cal., for Wheeling-Pitt.

Robert G. Sable, Lampl, Sable & Makoroff, Francis P. Mosco, Pittsburgh, Pa., Lawrence M. Handelsman, Stroock, Stroock & Lavan, New York City, for Unsecured Creditors.

OPINION

COHILL, Chief Judge.

I. FACTS

This is an appeal from one facet of the proceedings stemming from the Chapter 11 voluntary bankruptcy petition filed by Wheeling-Pittsburgh Steel Corporation ("Wheeling-Pitt") on April 16, 1985. At stake is the status of secured debt issued to finance Wheeling-Pitt's acquisition and construction of a rail mill facility at Monessen, Pennsylvania.

Shortly after Wheeling-Pitt filed for bankruptcy, the...

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