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MATTER OF BRIO PETROLEUM, INC.

No. 85-1761.

800 F.2d 469 (1986)

In the Matter of BRIO PETROLEUM, INC., Debtor. ABILENE NATIONAL BANK, a/k/a MBank Abilene, N.A., Defendant-Appellant, v. FINA SUPPLY, INC., a/k/a Fina Oil and Chemical Company, Plaintiff-Appellee.

United States Court of Appeals, Fifth Circuit.

September 19, 1986.

Attorney(s) appearing for the Case

Jeff Joyce, W. Mike Baggett, Dallas, Tex., for Abilene Nat. Bank.

Robert J. Clary, Dallas, Tex., for Fina Supply, Inc.

Before CLARK, Chief Judge, RUBIN and GARZA, Circuit Judges.

GARZA, Circuit Judge:

BACKGROUND

This case involves the relationship of two petroleum exchange agreements made by Brio Petroleum, Inc. ("Brio") and two other oil companies, Ashland Sub 26, Inc. a/k/a Scurlock Oil Company ("Scurlock") and Fina Supply, Inc. a/k/a Fina Oil and Chemical Company ("Fina"). One agreement, between Brio and Fina (the "Fina Exchange"), dated April 24, 1981, provided for the daily exchange of 5,000 barrels of Giddings type crude oil...

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