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IN RE ALABAMA FUEL SALES CO., INC.

Civ. A. No. 84-Y-2980-S.

45 B.R. 365 (1985)

In re ALABAMA FUEL SALES CO., INC., Debtor. ALABAMA FUEL SALES CO., INC., Plaintiff, v. NEWPARK RESOURCES, INC., et al., Defendants.

United States District Court, N.D. Alabama, S.D.

January 7, 1985.

Attorney(s) appearing for the Case

Jerry W. Schoel, Denaburg, Schoel, Meyerson, Ogle, Zarzaur & Max, Birmingham, Ala., for plaintiff.

William B. Hairston, Jr., Engel, Hairston, Moses & Johanson, P.A., Birmingham, Ala., for Newpark Resources, Inc. and ELPAC, Inc.

Lawrence D. Vinson, Jr., Bradley, Arant, Rose & White, Birmingham, Ala., for SouthTrust Bank of Alabama.

MEMORANDUM OPINION

ACKER, District Judge.

The effect of this court's order of December 21, 1984, which withdrew particular matters from the bankruptcy court, was to permit Alabama Fuel Sales Co., Inc., the debtor, to elect between two possible remedies: (1) filing an adversary proceeding, and (2) filing a motion seeking confirmation of a private sale of an asset of the debtor. The order also had the necessary effect of setting aside the orders which had...

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