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MATTER OF UNITED REFINING CO.

Bankruptcy Nos. 83-03935-H2-5 to 83-03937-H2-5.

87 B.R. 28 (1988)

In the Matter of UNITED REFINING COMPANY, United Refining Company of Pennsylvania, and Kiantone Pipeline Corporation, Debtors. UNITED REFINING COMPANY, United Refining Company of Pennsylvania and Kiantone Pipeline Corporation, Plaintiffs, v. UNITED STATES DEPARTMENT OF the TREASURY INTERNAL REVENUE SERVICE, Defendant.

United States Bankruptcy Court, S.D. Texas, Houston Division.

April 22, 1988.

Attorney(s) appearing for the Case

David Dykhouse, Patterson, Belknap, Webb & Tyler, New York City.

Patrick Hughes, Sheinfeld, Maley & Kay, Houston, Tex., for plaintiffs.

Waymon G. Dubose, Jr., Atty. Tax Div., Dept. of Justice, Dallas, Tex., for defendant.

MEMORANDUM OPINION ON MOTION FOR SUMMARY JUDGMENT

RANDOLPH F. WHELESS, Jr., Bankruptcy Judge.

Facts:

The IRS filed a "Motion for Relief From the Automatic Stay" on September 14, 1987 in the case of United Refining Company, United Refining Company of Pennsylvania and Kiantone Pipeline v. the United States Department of the Treasury Internal Revenue Service. In their motion, they sought modification of the stay to allow the IRS to offset its pre- and...

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