OPINION
CLARKSON S. FISHER, Chief Judge.
On July 19, 1981, Montello Oil Corp. (Montello) brought an action in the United States Bankruptcy Court for this district, naming as defendants Marin Motor Oil, Inc. (Marin); Marin's Trustee in Bankruptcy, David P. Michaels (Trustee); and Cities Service Company (CSC). The bankruptcy court, by order of October 21, 1982, granted summary judgment in favor of the Trustee and denied Montello's and CSC's motions for summary...
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