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IN RE HALSTEAD ENERGY CORP.

Docket No. 02-5040.

367 F.3d 110 (2004)

In re HALSTEAD ENERGY CORP., et al., Debtors, Warex Terminals Inc., Mid-Valley Oil Co., Inc., Plaintiffs — Appellants, v. Halstead Energy, Halstead Quinn Propane, Inc., Defendants — Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 11, 2004.

Attorney(s) appearing for the Case

Igor Krol, Krol & O'Connor, New York, NY, for Plaintiffs-Appellants.

Douglas S. Skalka, Neubert, Pepe & Monteith, P.C. (Ray Y. Chan, on the brief), New Haven, CT, for Defendants-Appellees.

Before: STRAUB and POOLER, Circuit Judges, HURD, District Judge.

HURD, District Judge, filed an opinion concurring in part, dissenting in part.

POOLER, Circuit Judge.

Beginning in 1993, A. Tarricone, Inc. ("ATI") and HQP issued three promissory notes totaling $390,000, as joint and several obligors, to Warex for gasoline purchased on credit (the "Notes"). ATI and HQP secured their obligations under the Notes by mortgages on two properties owned by ATI and a third piece of property owned by its affiliate, Majac Enterprises...

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