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IN RE TRI-VALLEY DISTRIBUTING, INC.

Bankruptcy No. 01-36562. Adversary No. 04-02453.

452 B.R. 837 (2011)

In re TRI-VALLEY DISTRIBUTING, INC., Cook Oil Company, Inc., and Snobird Oil Company, Inc., Debtors. The Official Committee of Unsecured Creditors, and D. Ray Strong, in his capacity as Examiner for Tri-Valley Distributing, Inc. Consolidated Debtors, Plaintiffs, v. Western United Life Assurance Company, Defendant.

United States Bankruptcy Court, D. Utah, Central Division.

June 16, 2011.

Attorney(s) appearing for the Case

Kenneth L. Cannon, II , Penrod W. Keith , Ryan L. Jensen , Durham Jones & Pinegar, George B. Hofmann , Parsons Kinghorn & Harris, Salt Lake City, UT, for Plaintiffs.

Douglas J. Payne , Peter W. Billings, Jr. , Fabian & Clendenin, Jeffrey Weston Shields , Troy J. Aramburu , Jones Waldo Holbrook & McDonough, Salt Lake City, UT, for Defendant.

MEMORANDUM DECISION

WILLIAM T. THURMAN, Chief Judge.

Over the course of hearings on March 9, March 28, April 1, and April 25, 2011, the Court has heard the Defendant's Motions for Summary Judgment on Counts I-V of the Second Amended Complaint ("Complaint") and the Plaintiffs' Motions for Summary Judgment or Partial Summary Judgment on Counts I-III. The Court has provided oral bench rulings on each of those motions in open court and submits now this Memorandum...

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