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IN RE EVANGELINE REFINING CO., INC.

Bankruptcy No. 483-00016-LC, Adv. No. 483-0050.

37 B.R. 450 (1984)

In re EVANGELINE REFINING COMPANY, INC., Debtor. GAYLE OIL COMPANY, INC., Plaintiff, v. EVANGELINE REFINING COMPANY, INC., and Continental Illinois National Bank and Trust Company of Chicago, Defendants.

United States Bankruptcy Court, W.D. Louisiana.

February 15, 1984.

Attorney(s) appearing for the Case

David Hurlburt, and Gordon T. Whitman, Lafayette, La., for plaintiff, Gayle Oil Co., Inc.

Philip K. Jones, Jr. and Edward J. Gay, III, Liskow & Lewis, New Orleans, La., for defendant, Continental Illinois Nat. Bank and Trust of Chicago.

Charles N. Wooten, Sr., Lafayette, La., trustee for debtor, pro se.

OPINION

RODNEY BERNARD, Jr., Bankruptcy Judge.

Presently before the court are two cross motions for summary judgment. One has been filed by the defendant and the other has been filed by the plaintiff. There are no genuine issues of material fact and the court is of the opinion that one of the movants is clearly entitled to judgment as a matter of law.

Factual Background

On December 10, 1982, Gayle Oil Company, Inc. (Gayle) entered...

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