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IDECO DIVISION OF DRESSER INDUS., INC. v. CHANCE DRILLING CO.

Civ. A. No. 63-H-620.

309 F.Supp. 305 (1968)

IDECO DIVISION OF DRESSER INDUSTRIES, INC., Plaintiff, v. CHANCE DRILLING COMPANY, Inc., et al., Small Business Administration, Impleaded Defendants, Defendants.

United States District Court, S. D. Texas, Houston Division.

July 16, 1968.

Attorney(s) appearing for the Case

Baker, Botts, Shepherd & Coates, J. Daffan Caldwell, Houston, Tex., for plaintiff.

Morton L. Susman, U. S. Atty., William B. Butler, Asst. U. S. Atty., for Small Business Administration, defendant.

Butler, Binion, Rice, Cook & Knapp, John L. McConn, Jr., Houston, Tex., for Bank of Texas, defendant.

Minter & Graham, Sam S. Minter, Houston, Tex., for Ellen Picton Chance, defendant.

MEMORANDUM AND ORDER.

HANNAY, District Judge.

Plaintiff moves for a rehearing on its Motion for Summary Judgment. The Motion for Rehearing contains verified proof that the defendant Chance Drilling Co. is insolvent and has committed acts of bankruptcy within the meaning of 11 U.S.C.A. § 21(a) (3). The United States now accepts this proof as conclusive of the only material fact issue heretofore unresolved in the case and enters its cross-motion for summary...

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