JOHN E. BURNS DRILLING v. CENT. BANK OF DENVER

Nos. 83-8023, 83-1837.

739 F.2d 1489 (1984)

JOHN E. BURNS DRILLING CO., Respondent, v. CENTRAL BANK OF DENVER, Petitioner. CENTRAL BANK OF DENVER, Petitioner, v. Honorable Clarence A. BRIMMER, Chief Judge, and Honorable Ewing T. Kerr, District Judge, Respondents, John E. Burns Drilling Co., a Wyoming Corporation, Real Party in Interest.

United States Court of Appeals, Tenth Circuit.

July 20, 1984.


Attorney(s) appearing for the Case

Randall F. Komisarek, Denver, Colo., for petitioner Central Bank of Denver.

Thomas J. Constantine and Cynthia Hodge Shearer, Denver, Colo., and John Burk of Burk & Hunter, Casper, Wyo., for respondent John E. Burns Drilling Co.

Before HOLLOWAY, BARRETT and DOYLE, Circuit Judges.


PER CURIAM.

John E. Burns Drilling Company ("Burns Drilling") filed a Chapter 111 bankruptcy petition in the United States Bankruptcy Court for the District of Wyoming on August 30, 1982. On December 23, 1982, Burns Drilling filed a complaint in the bankruptcy court seeking to avoid or subordinate Central Bank of Denver's ("Central Bank's") security interest under 11 U.S.C. § 544(a), and alternatively to recover a preferential transfer...

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