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IN RE GIBRALTAR RESOURCES, INC.

Bankruptcy No. 393-37028-RCM-7, Adversary No. 396-3066.

211 B.R. 216 (1997)

In re GIBRALTAR RESOURCES, INC. d/b/a Resources International Group, Gibraltar-AEI, Inc., Atlantis Energy, Inc., Atlantis Horizontal, Inc., Gibraltar Resources Corporation, Jones #1 Joint Venture, Ploeger #1 Joint Venture, McVea-Wilson #1 Joint Venture, Ploeger-Hamon #1 Joint Venture, Gibraltar-Hannusch #1 Joint Venture, Cantley #1 Joint Venture, Carnes #1 Joint Venture, Debtor. Carey D. EBERT, Trustee, Plaintiff, v. BLACK MAX DOWNHOLE TOOLS, INC., Defendant.

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

July 10, 1997.

Attorney(s) appearing for the Case

Gibraltar Resources, Inc., Dallas, TX, pro se.

Carey Ebert, Hurst, TX, trustee.

Stacey C. Jernigan, Haynes & Boone, Dallas, TX, for Blackmax Downhole Tools, Inc.

AMENDED MEMORANDUM OPINION

ROBERT C. McGUIRE, Chief Judge.

This matter comes before the Court on a motion for rehearing of the Court's previous ruling denying Black Max Downhole Tools, Inc.'s ("Black Max" or "Movant" or "Defendant") motion for summary judgment on the Trustee's complaint to recover a preference. The Court concludes for the reasons below that the motion for rehearing should be granted, and that, Black Max's motion for summary judgment...

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