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FREIDCO OF WILMINGTON, DEL. v. FARMERS BANK, ETC.

Civ. A. No. 76-149.

529 F.Supp. 822 (1981)

FREIDCO OF WILMINGTON, DELAWARE, LTD., a Texas limited partnership Debtor-In-Possession under Chapter XII of the Bankruptcy Act of the United States, and Unit, Inc., a Texas corporation, Debtor-In-Possession under Chapter XI of the Bankruptcy Act of the United States, Plaintiffs, v. The FARMERS BANK OF the STATE OF DELAWARE, Defendant.

United States District Court, D. Delaware.

November 12, 1981.

Attorney(s) appearing for the Case

Michael G. Kohn, Kohn & Helmer, Cincinnati, Ohio, for plaintiffs.

Max S. Bell, Jr., and Robert J. Katzenstein of Richards, Layton & Finger, Wilmington, Del., for defendant Farmers.

Peter J. Walsh of Murdoch & Walsh, Wilmington, Del., trustee and for trustee of Freidco.

F. Alton Tybout of Tybout, Redfearn, Casarino & Pell, Wilmington, Del., for trustee of Freidco.

Thomas G. Hughes, of O'Donnell & Hughes, Wilmington, Del., for FDIC.

OPINION NO. II

STAPLETON, District Judge:

Prior to 1970, commercial activity in the United States relied upon the availability of cheap and plentiful energy. Abundant oil replaced abundant coal as the primary energy source for heat, electricity and industrial production. Later, nuclear energy promised a limitless supply and lower costs for the future. Those who entered long term contracts in the 1960's did so with expectations shaped by this background....

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