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IN RE EAST TEXAS STEEL FACILITIES, INC.

Bankruptcy No. 389-33552-HCA-11, Adv. No. 389-3376.

117 B.R. 235 (1990)

In re EAST TEXAS STEEL FACILITIES, INC., n/k/a Lone Star Steel Company, Debtor. BERLINER HANDELS-UND FRANKFURTER BANK, Plaintiff, v. EAST TEXAS STEEL FACILITIES, INC., Defendant.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

July 27, 1990.

Attorney(s) appearing for the Case

Michael R. Rochelle, Patrick J. Neligan, Jr., Blake L. Berryman, Weil, Gotshal & Manges, Stephen T. Hutcheson, Cox & Smith, Inc., Dallas, Tex., for debtor/defendant.

Michael W. Anglin, Louis R. Strubeck, Jr., Fulbright & Jaworski, Dallas, Tex., Neal D. Colton, Mark A. Shaiken, Dechert, Price & Rhoads, Philadelphia, Pa., for plaintiff.

Robin E. Phelan, Haynes & Boone, Dallas, Tex., for Unsecured Creditors Committee.

REVISED MEMORANDUM OPINION

HAROLD C. ABRAMSON, Bankruptcy Judge.

This Memorandum concludes an adversary proceeding which arose from the prepetition issuance of a letter of credit which was negotiated in order to enable the Debtor to buy several tons of steel slab. The letter of credit was issued by the Plaintiff, Berliner Handels-Und Frankfurter Bank ("BHF"), on behalf of the Defendant, East Texas Steel Facilities (referred to as "Debtor"),

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