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In re Container Co. (TCC ) AS

In re Container Co. (TCC ) AS

Ruling
Relief from stay to allow proceeding before Federal Maritime Commission denied as not within agency's primary or exclusive jurisdiction.
Procedural posture

Movants, all of whom were defendants in adversary proceedings filed by the chapter 15 debtor sought to modify the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) in order to file complaints before the Federal Maritime Commission (FMC) alleging violations of the federal Shipping Act of 1984 by the debtor.

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Commercial opinion summary, case decided on February 10, 2012 , LexisNexis #0312-042