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CONSOLIDATED OIL & GAS, INC. v. SUN OIL CO., ETC.

Civ. A. No. 78-M-127.

16 B.R. 490 (1981)

CONSOLIDATED OIL & GAS, INC., a Colorado corporation, Plaintiff, v. SUN OIL COMPANY OF PENNSYLVANIA, a Pennsylvania corporation, Defendant, and SUN OIL COMPANY OF PENNSYLVANIA, a Pennsylvania corporation, Third-Party Plaintiff, v. Charles A. BAER, Trustee of King Resources Company, a corporation in proceedings for reorganization of a corporation, and Phoenix Resources Company, a Maine corporation, Third-Party Defendants.

United States District Court, D. Colorado.

December 29, 1981.

Attorney(s) appearing for the Case

Robert Swanson, Neff, Swanson & Myer, Denver, Colo., for Consolidated Oil & Gas, Inc.

Jay W. Tracey, Jr., Jack L. Smith, Holland & Hart, and Thomas W. Whittington, Denver, Colo., for Sun Oil Company of Pennsylvania.

John S. Pfeiffer, Robert Kapelke, Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., for Charles A. Baer, Trustee.

Miles M. Gersh, Fishman & Geman, P.C., Denver, Colo., for Phoenix Resources Co.

MEMORANDUM OPINION AND ORDERS

MATSCH, District Judge.

The defendant, Sun Oil Company of Pennsylvania (Sun), has moved for summary judgment of dismissal of the plaintiff's first three claims for relief pursuant to Rule 56 of the Federal Rules of Civil Procedure, and to dismiss the fourth claim for relief under Rule 12(b)(6) for the failure to state a claim upon which relief can be granted. The third-party defendants...

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