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IN RE EL PASO REFINERY, LP

No. 01-50107.

302 F.3d 343 (2002)

In the Matter of: EL PASO REFINERY, LP, Debtor. Refinery Holding Co., LP, Appellee, v. TRMI Holdings, Inc.; Texaco, Inc.; Andrew B. Krafsur, Trustee, Appellants. In the Matter of: El Paso Refinery, LP, Debtor. TRMI Holdings, Inc.; Texaco, Inc., Appellants, v. Refinery Holding Co., LP, Appellee. In the Matter of: El Paso Refinery, LP, Debtor. Andrew B. Krafsur, Trustee, Appellant, v. Refinery Holding Co., LP, Appellee.

United States Court of Appeals, Fifth Circuit.

August 22, 2002.

Attorney(s) appearing for the Case

Gregory Mark Gordon (argued), Daniel Paul Winikka, Jones, Day, Reavis & Pogue, Dallas, TX, for Appellee.

Cathy L. Reece (argued), James J. Trimble, Fennemore & Craig, Phoenix, AZ, for TRMI Holdings, Inc.

Before EMILIO M. GARZA, BENAVIDES and STEWART, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

This appeal arises out of an attempt to allocate the contractual liability for environmental contamination among the past and present owners of an oil refinery in El Paso, Texas (the "Refinery"). The Appellee, Refinery Holding Company, L.P. ("RHC") is the current owner of the Refinery. The Appellants are former owners of the Refinery and include Andrew B. Krafsur, in his capacity as Chapter 7 Trustee (the "Trustee") for the bankruptcy...

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