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IN RE COMMAND ENERGY CORP.

Bankruptcy No. 482-00388, Adv. No. 482-0214.

33 B.R. 36 (1983)

In re COMMAND ENERGY CORPORATION, Debtor. COMMAND ENERGY CORPORATION, Plaintiff, v. MUTUAL BENEFIT LIFE INSURANCE COMPANY OF NEWARK, NEW JERSEY, Defendant.

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

August 30, 1983.

Attorney(s) appearing for the Case

St. Clair Newbern, III, Fort Worth, Tex., for plaintiff.

Peter J. Harry, Dallas, Tex., for defendant.

MEMORANDUM OPINION

JOHN FLOWERS, Bankruptcy Judge.

Command Energy Corporation seeks recovery of the 12% penalty provided by Article 3.62 of the Texas Insurance Code against the Mutual Benefit Life Insurance Company of Newark, New Jersey. Both parties have filed motions for summary judgment. Command's motion will be denied, and the motion of Mutual will be granted.

It is undisputed that Command is the named beneficiary under policy number 6-832-357...

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