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MATTER OF GHR ENERGY CORP.

No. 85-2867. Summary Calendar.

792 F.2d 476 (1986)

In the Matter of GHR ENERGY CORP., f/k/a Good Hope Refineries, Inc., Debtor. Gerrard F. KELLEY, Acting United States Trustee, Plaintiff-Appellant, v. GHR ENERGY CORP., f/k/a Good Hope Refineries, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 13, 1986.

Attorney(s) appearing for the Case

Paula Bonnell, Dept. of Justice, U.S. Trustee, Boston, Mass., for plaintiff-appellant.

Jane Pearson Hirst, Houston, Tex., for Continental Illinois Nat. Bank & Trust of Chicago.

Liddell, Sapp, Zibley & Laboon, J. Michael Dorman, Tower, Houston, Laura Gibson, John G. Nabors, Houston, Tex., for defendant-appellee.

Before REAVLEY, HIGGINBOTHAM, and HILL, Circuit Judges.

ROBERT MADDEN HILL, Circuit Judge:

On April 26, 1983, William H. Tucker, a United States Trustee (the Trustee), filed a motion in the United States Bankruptcy Court for the District of Massachusetts requesting authority pursuant to 11 U.S.C. § 151104(b)(2) to appoint an examiner for GHR Energy Corp. (the debtor). Over a year later, in one of its last dispositions in the GHR case, the bankruptcy court denied the Trustee's motion. Shortly thereafter, on June 22...

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