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IN RE HEREFORD BIOFUELS, L.P.

Bankruptcy No. 09-30453-SGJ-7. Adversary No. 10-03341.

466 B.R. 841 (2012)

In re HEREFORD BIOFUELS, L.P., et al., Debtors. Factory Mutual Insurance, Company, Plaintiff, v. Panda Energy International, Inc., Defendant.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

January 3, 2012.

Attorney(s) appearing for the Case

Melissa Gardner, Robert P. Franke, Strasburger & Price, LLP, Shannon M. O'Malley, Thomas H. Cook, Jr., Zelle Hoffmann Voelbel & Mason, LLP, Dallas, TX, for Plaintiff.

Mark Joseph Elmore, Robert Dew Albergotti, Haynes and Boone, LLP, Dallas, TX, for Defendant.

MEMORANDUM OPINION AND SUMMARY JUDGMENT INDEPENDENT OF PARTIES' MOTIONS, PURSUANT TO FED. R. CIV. PRO. 56(f)

STACEY G.C. JERNIGAN, Bankruptcy Judge.

I. INTRODUCTION

The above-referenced adversary proceeding (which has arisen, post-confirmation, in a bankruptcy case that involved an incomplete ethanol plant in Hereford, Texas) was commenced on October 27, 2010. The adversary proceeding has had a very busy procedural history since its...

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