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IN RE ENERCO, INC.

Bankruptcy Nos. BK 3-78-232 G, BK 3-78-233 G and BK 3-78-234 G.

43 B.R. 412 (1984)

In re ENERCO, INC., Debtor. In re ENERGY RESOURCES OF MINN., INC., Debtor. In re ENERCO EXPLORATION AND MANAGEMENT CO., Debtor. David L. BILLINGSLEY and Billingsley Engineering Company, Plaintiffs, v. William D. NEARY, Trustee For the Trade Creditors of Enerco, Inc., and Enerco, Inc., Defendants.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

October 22, 1984.

Attorney(s) appearing for the Case

Michael W. Anglin, Dallas, Tex., for plaintiffs.

Gary B. Clark, Dallas, Tex., for trustee.

Glenn A. Portman, Dallas, Tex., for debtor.

MEMORANDUM OPINION

ROBERT C. McGUIRE, Bankruptcy Judge.

The issue in this case is whether a party that allegedly failed to receive notice of a judgment may be relieved from that judgment under F.R.Civ.P. 60(b), as incorporated by Bankruptcy Rule 9024, after the time for appeal has passed. I hold that in this case no such relief can be granted and the appeal must therefore be dismissed for lack of jurisdiction.

In this adversary proceeding, Billingsley...

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