MATTER OF COM. OIL REFINING CO., INC.

No. 84-1052. Summary Calendar.

734 F.2d 1079 (1984)

In the Matter of: COMMONWEALTH OIL REFINING COMPANY, INC., Debtor. MINERALOLHANDELSGESELLS-CHAFT MBH AND COMPANY ("MEBRO"), Plaintiff-Appellant, v. COMMONWEALTH OIL REFINING COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 25, 1984.


Attorney(s) appearing for the Case

Beck & Beck, Lawrence A. Beck, Patricia A. Kalmans, San Antonio, Tex., for plaintiff-appellant.

Michael R. Rochelle, Alice L. Nystel, Dallas, Tex., for defendant-appellee.

Before BROWN, TATE and HIGGINBOTHAM, Circuit Judges.


TATE, Circuit Judge:

This appeal arises from proceedings before the Bankruptcy Court under Chapter 11 of the Bankruptcy Code, 11 U.S.C. §§ 1121 et seq. The plaintiff ("Mineral") filed an administrative priority claim based upon demurrage that Mineral, the seller, had been required to pay on a cargo of naphtha delivered to the debtor ("Commonwealth") as buyer. The bankruptcy court disallowed substantially all of Mineral's demurrage claim, finding that...

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