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IN RE PETRO-MARK, UTAH, LLC

Bankruptcy No. 03-49347-DML-11. Adversary No. 03-4425-DML.

309 B.R. 728 (2004)

In re PETRO-MARK, UTAH, LLC, Debtor. Bank One, N.A., Plaintiff, v. Gascard Inc., Fleetcor Technologies Inc., Petro-Mark Utah, LLC, and Macro Oil Company, Inc., Defendants.

United States Bankruptcy Court, N.D. Texas, Fort Worth Division.

March 17, 2004.

Attorney(s) appearing for the Case

Mark Andrus, Lafayette, LA, for Fleetcor Technologies, Inc., GasCard, Inc., Macro Oil Company, Inc., Defendants.

Andree Matherne Cullens, Baton Rouge, LA, for Bank One, N.A., Counter-Defendant.

J. Robert Forshey, Forshey and Prostok, Ft. Worth, TX, for Macro Oil Company, Inc., Fleetcor Technologies, Inc., Gas-Card, Inc., Defendants.

Brett P. Furr, Taylor, Porter, Brooks and Phillips, Baton Rouge, LA, for Bank One, N.A., Plaintiff.

Barbara Elaine Hargis, Harris, Finley and Bogle, Ft. Worth, TX, for Bank One, N.A., Plaintiff.

St. Clair Newbern, III, Law Offices of St. Clair Newbern III, P.C., Ft. Worth, TX, for Petro-Mark Utah, LLC, Defendant.

MEMORANDUM OPINION AND ORDER

DENNIS MICHAEL LYNN, Bankruptcy Judge.

Before the court is Bank One, N.A.'s ("Plaintiff) Motion for Summary Judgment (the "Motion") filed December 15, 2003. Petro-Mark Utah, LLC's ("Debtor") Response to the Motion was filed January 20, 2004. Macro Oil Company ("Macro"), FleetCor Technologies, Inc. ("FleetCor"), and Gascard, Inc.'s ("Gascard") (collectively "Defendants") Response to the Motion was also filed on January 20, 2004...

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