Matter of Pester Refining Company

S.D. Iowa

Matter of Pester Refining Company

85 B.R. 520, 1987 WL 46258

CourtDistrict Court, S.D. Iowa

DecidedJune 4, 1987

DocketCiv. 86-708-B

StatusPublished

Cited by12 cases

This text of 85 B.R. 520 (Matter of Pester Refining Company) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Pester Refining Company, 85 B.R. 520, 1987 WL 46258 (S.D. Iowa 1987).

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Opinion

AFFIRMANCE OF BANKRUPTCY ORDER AND JUDGMENT

VIETOR, Chief Judge.

The court has before it the appeals, under 28 U.S.C. § 1334(a) and Bankruptcy Rule 8001(a), of Mapco Gas Products, Inc., Mid-America Pipeline Company and Burke Energy Corporation from a final Order and Judgment entered on Bankruptcy No. 85-340-C, Adversary Nos. 85-0203 and 85-0048, on July 9, 1986, by the United States Bankruptcy Court for the Southern District of Iowa, Judge Richard Stageman presiding, 66 B.R. 801. The appeals have been fully briefed and orally argued.

Judge Stageman’s Memorandum of Decision filed with the Order and Judgment sets forth thorough and well prepared findings of fact and conclusions of law.

“Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the bankruptcy court to judge the credibility of the witnesses.” Bankruptcy Rule 8013.

The issues are difficult, especially the “warehouseman” issue. However, Judge Stageman’s findings of fact are not clearly erroneous, and I am satisfied that he correctly applied the law to the facts as he found them.

The Order and Judgment appealed from is affirmed.

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AFFIRMANCE OF BANKRUPTCY ORDER AND JUDGMENT

VIETOR, Chief Judge.

The court has before it the appeals, under 28 U.S.C. § 1334(a) and Bankruptcy Rule 8001(a), of Mapco Gas Products, Inc., Mid-America Pipeline Company and Burke Energy Corporation from a final Order and Judgment entered on Bankruptcy No. 85-340-C, Adversary Nos. 85-0203 and 85-0048, on July 9, 1986, by the United States Bankruptcy Court for the Southern District of Iowa, Judge Richard Stageman presiding, 66 B.R. 801. The appeals have been fully briefed and orally argued.

Judge Stageman’s Memorandum of Decision filed with the Order and Judgment sets forth thorough and well prepared findings of fact and conclusions of law.

“Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the bankruptcy court to judge the credibility of the witnesses.” Bankruptcy Rule 8013.

The issues are difficult, especially the “warehouseman” issue. However, Judge Stageman’s findings of fact are not clearly erroneous, and I am satisfied that he correctly applied the law to the facts as he found them.

The Order and Judgment appealed from is affirmed.

In the Matter of Pester Refining Company, a Kansas Corporation, Debtor (Three Cases). Pester Refining Company, and the Continental Illinois National Bank and Trust Company of Chicago First Interstate Bank of Denver, N.A. And Bankers Trust Company, Intervenors Below v. Mapco Gas Products, Inc. And Mid-America Pipeline Company, Burke Energy Corporation, Unsecured Creditors Committee, Southern Union Refining Co., Inland Crude Purchasing Corp., Pester Refining Company, and the Continental Illinois National Bank and Trust Company of Chicago First Interstate Bank of Denver, N.A. And Bankers Trust Company, Intervenors Below v. Mapco Gas Products, Inc., and Mid-America Pipeline Company, and Burke Energy Corporation, Unsecured Creditors Committee, Southern Union Refining Co., Inland Crude Purchasing Corp., Pester Refining Company, and the Continental Illinois National Bank and Trust Company of Chicago First Interstate Bank of Denver, N.A. And Bankers Trust Company, Intervenors Below v. Mapco Gas Products, Inc. And Mid-America Pipeline Company, and Burke Energy Corporation, Unsecured Creditors Committee, Southern Union Refining Co., Inland Crude Purchasing Corp.

845 F.2d 1476 (First Circuit, 1988)

Pester Refining Co. v. Mapco Gas Products, Inc. (In re Pester Refining Co.)

845 F.2d 1476 (Eighth Circuit, 1988)

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85 B.R. 520, 1987 WL 46258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-pester-refining-company-iasd-1987.

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