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IN RE HEAFITZ

Bankruptcy No. 83 B 11407 (CB), Adv. No. 86-5790A.

85 B.R. 274 (1988)

In re Bruce HEAFITZ, Debtor. Carl BURLEY, Trustee of the Reorganization Trust, Plaintiff, v. AMERICAN GAS & OIL INVESTORS, First Reserve Capital Management Corporation and First Reserve Corporation, Defendants.

United States Bankruptcy Court, S.D. New York.

February 11, 1988.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan, New York City, for trustee; Melvin A. Brosterman, Lauren G. Klein, Sherry Millman, of counsel.

Sullivan & Cromwell, New York City, for American Gas & Oil Investors; Hyman L. Schaffer, of counsel.

Reboul, MacMurray, Hewitt, Maynard & Kristol, New York City, for First Reserve Capital Management Corp. and First Reserve Corp.; David S. Elkind, of counsel.

OPINION AND DECISION ON MOTIONS FOR SUMMARY JUDGMENT

CORNELIUS BLACKSHEAR, Bankruptcy Judge.

On December 16, 1987, plaintiff's and defendants' motions for summary judgment pursuant to Bankruptcy Rule 7056 were heard before this court. Plaintiff Carl Burley, Trustee of the Reorganization Trust ("Plaintiff" or "Trustee") of the estate of debtor Bruce Heafitz ("Heafitz") moved for summary judgment against defendants American Gas & Oil Investors ("AmGO"...

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