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IN RE OLYMPIC NATURAL GAS CO.

Bankruptcy No. 97-45906-H4-7. Adversary No. 99-3280.

258 B.R. 161 (2001)

In re OLYMPIC NATURAL GAS COMPANY, Debtor. Randy Williams, Trustee, Plaintiff, Morgan Stanley Capital Group, Inc., Defendant.

United States Bankruptcy Court, S.D. Texas, Houston Division.

January 30, 2001.

Attorney(s) appearing for the Case

Richard L. Fuqua, II, Fuqua and Keim, Houston, TX, for Debtor.

Tony M. Davis, Baker & Botts, Houston, TX, for Pennunion Energy Services, L.L.C.

David M. Waterson, Jr., PG&E Gas Transmission, San Antonio, TX, for Valero Gas Marketing, L.P.

Dat Tran, Attorney at Law, Houston, TX for Norstar Energy, L.P.

David J. Askanase, Ann de Pender Zeigler, Hughes, Watters & Askanase, Houston, TX, Rhett G. Campbell, Morris & Campbell, Houston, TX, for Randy W. Williams, trustee.

Mary Millwood Gregory, Baker and Botts, Houston, TX, for Pennzoil Gas and Energy Marketing Cos.

Martha F. McDugald, D. Michael Dalton, Mayor Day, et al., Houston, TX, for Morgan Stanley Capital Group, Inc.

MEMORANDUM OF DECISION ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT

WILLIAM R. GREENDYKE, Bankruptcy Judge.

On August 11, 2000, this matter came before the court on Defendant Morgan Stanley Capital Group, Inc.'s ("Morgan Stanley") motion for partial summary judgment. At the conclusion of the hearing, the Court took the matter under advisement. After allowing time for submission of post-hearing briefs and after careful consideration of the facts, the...

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