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IN RE SENECA OIL CO.

Bankruptcy Nos. 85-00825-A, 85-00826-A, No. CIV-86-0464-BT.

76 B.R. 818 (1987)

In re SENECA OIL COMPANY and Seneca Drilling Company, Debtors. UNITED STATES DEPARTMENT OF ENERGY, Plaintiff-Appellant, v. SENECA OIL COMPANY and Seneca Drilling Company, Defendants-Appellants.

United States District Court, W.D. Oklahoma.

June 3, 1987.

Attorney(s) appearing for the Case

John E. Green, Steven Mullins, Asst. U.S. Attys., Oklahoma City, Okl., Thomas C. Newkirk, Marica K. Sowles, Floyd I. Robinson, Beth N. Mizuno, U.S. Dept. of Energy, Econ. Reg. Admin., Washington, D.C. for plaintiff.

D. Kent Meyers, Crowe & Dunlevy, Oklahoma City, Okl., Emmett Marvin Martin, New York City, David A. Cheek, Eric M. Reuben, McKinney, Stringer & Webster, Oklahoma City, Okl., for defendants.

ORDER

BRETT, District Judge.

This matter comes before the Court on an appeal by the Department of Energy ("DOE") from a November 21, 1985 order of the Bankruptcy Court confirming the Chapter 11 Plan of Reorganization for Seneca Oil Company and Seneca Drilling Company ("Seneca"). On December 12, 1985, this Court held that a portion of DOE's claim, approximately $1,282,706.95 as of March 8, 1985, was subject to a constructive trust in favor of DOE. The difference...

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