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IN RE ORION REFINING CORP.

Bankruptcy No. 03-11483 (MFW), Adversary No. 04-52447.

341 B.R. 476 (2006)

In re ORION REFINING CORP., Debtor. Fluor Enterprises, Inc., Plaintiff, v. Orion Refining Corp., Cypress Associates, LLC as ORC Distribution Trust Representatives, Defendant. Orion Refining Corporation, Counter-Claimant, v. Fluor Enterprises, Inc., Counter-Defendant.

United States Bankruptcy Court, D. Delaware.

May 9, 2006.

Attorney(s) appearing for the Case

Thomas W. Briggs, Daniel B. Butz, Donna L. Culver, Robert J. Dehney, Gregory Thomas Donilon, Sean P. Haney, Gilbert R. Saydah, Jr., William H. Sudell, Jr., Gregory W. Werkheiser, Morris, Nichols, Arsht & Tunnell, Adam G. Landis, Landis Rath & Cobb LLP, Wilmington, DE, Jason W. Harbour, Hunton & Williams, Richmond, VA, for debtor.

David L. Buchbinder, Office of U.S. Trustee, Wilmington, DE, United States Trustee.

OPINION1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court are cross-motions for partial summary judgment filed by Fluor Enterprises, Inc. ("Fluor") and Orion Refining Corporation (the "Debtor"). In their respective motions, Fluor contends that it has a secured or constructive trust claim in excess of $26 million, and the Debtor asserts that Fluor is merely a general unsecured creditor. For the reasons stated herein...

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