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  5. 118 B.R. 741 (1990)
 

IN RE SHEPHERD OIL, INC.

Bankruptcy Nos. B-84-2015-PHX-SSC, B-88-1378-PHX-SSC, Adv. Nos. 88-621, 88-622.

118 B.R. 741 (1990)

In re SHEPHERD OIL, INC., an Arizona corporation, Debtor. UNITED STATES of America and United States Department of Energy, Plaintiffs, v. SHEPHERD OIL, INCORPORATED, Defendant. In re SHEPHERD OIL, INCORPORATED, an Arizona corporation, Debtor. UNITED STATES of America and United States Department of Energy, Plaintiffs, v. SHEPHERD OIL, INCORPORATED and Scott H. Phillips, Trustee of Shepherd Oil, Incorporated, Defendants.

United States Bankruptcy Court, D. Arizona.

July 11, 1990.

Attorney(s) appearing for the Case

Richard G. Patrick, Asst. U.S. Atty., Phoenix, Ariz. and Diane Polinger, U.S. Dept. of Energy, Washington, D.C., for the U.S. Dept. of Energy.

Brian W. Hendrickson, Tempe, Ariz., for trustee Scott H. Phillips.

Scott H. Phillips, Houston, Tex., trustee.

P. Wyman Shepherd, Lafayette, La., William Novotny, Mariscal, Weeks, McIntyre & Friedlander, and Richard M. Lorenzen, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz., for Niro Atomizer, Inc.

Elizabeth Magner, Lemle & Keleher, New Orleans, La., and Thomas J. Salerno, Streich, Lang, Weeks & Cardon, Phoenix, Ariz., for Citibank, N.A.

Stanford E. Lerch, Kennedy, Wilson & Lerch, Phoenix, Ariz., for petitioning creditors.

MEMORANDUM DECISION AND ORDER

SARAH SHARER CURLEY, Bankruptcy Judge.

PRELIMINARY STATEMENT

This matter comes before the Court on the request of the Trustee, as Defendant, that he be granted summary judgment on the remaining claims in this adversary proceeding.

The United States of America and the United States Department of Energy ("D.O.E.") commenced these adversary proceedings on September 22, 1988.

The Trustee previously agreed...

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