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MATTER OF FUEL OIL SUPPLY & TERMINALING, INC.

No. 87-2365.

837 F.2d 224 (1988)

In the Matter of FUEL OIL SUPPLY & TERMINALING, INC., Debtors. GULF OIL CORP., Appellee-Cross-Appellant, v. FUEL OIL SUPPLY & TERMINALING, INC., Appellant-Cross-Appellee, and Banque de Paris et des Pays-Bas and Lockwood National Bank of Houston, N.A., Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 16, 1988.

Attorney(s) appearing for the Case

Miriam Kass, Nancy Friedman Atlas, Houston, Tex., for Fuel Oil Supply & Terminaling.

Ronald Barliant, Marc O. Beem, Chicago, Ill., for amicus-Trustee-Steinberg (ECI).

Michael R. Hassan, Chicago, Ill., for amicus-Koch, et al.

James C. Kean, William M. Schultz, Houston, Tex., for Gulf Oil.

Henry Kollenburg, H. Miles Cohn, Houston, Tex., for Banque de Paris.

Louis L. Bagwell, Alex Galbraith, Houston, Tex., for Lockwood.

Before GARZA, REAVLEY and DAVIS, Circuit Judges.

REAVLEY, Circuit Judge:

This is a preference action in which a Chapter 11 debtor, Fuel Oil Supply & Terminaling Company, seeks to recover the value of certain gasoline and money transfers it made to Gulf Oil Corporation within the ninety-day period preceding the filing of the bankruptcy petition. The district court, 72 B.R. 752, held that while the gasoline transfers and certain payments...

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