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MATTER OF EL PASO REFINERY, L P

Nos. 97-51067, 98-50043.

171 F.3d 249 (1999)

In The Matter of: EL PASO REFINERY, L P, Debtor. Andrew B. Krafsur, Trustee for El Paso Refinery, L P, Appellee-Cross-Appellant, v. Scurlock Permian Corporation, Appellant-Cross-Appellee. In the Matter Of: El Paso Refinery, L P, Debtor. Scurlock Permian Corporation, Appellant-Cross-Appellee, v. Andrew B. Krafsur, Trustee for El Paso Refinery, L P, Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 21, 1999.

Attorney(s) appearing for the Case

Margaret Anne Christian, Kemp, Smith, Duncan & Hammond, El Paso, TX, for Andrew B. Krafsur.

Thomas S. Leatherbury, J. Michael Sutherland, Vinson & Elkins, Dallas, TX, Robbi B. Hull, Vinson & Elkins, Austin, TX, David Michael Bond, D. Bobbitt Noel, Jr., Vinson & Elkins, Houston, TX, for Scurlock Permian Corp.

Before HIGGINBOTHAM, DUHÉ and DeMOSS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge.

This is an appeal of a bankruptcy case, affirmed by the district court, in which the Trustee, Andrew Krafsur, was permitted to avoid payments by the debtor, El Paso Refinery, to one of its creditors, Scurlock Permian Corporation, on the basis of preferential transfers. We find no such transfers and REVERSE.

I

El Paso operated a refinery to which Scurlock supplied crude oil on credit under a written supply agreement...

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