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Opinion 465

Case Name: 

Texas Iron & Metals Co. v. Geneva Steel (In re Geneva Steel)

Judge: 
Judge Clark
Date: 
Jan-4-2005
Case Number(s): 
04-2803
Status: 

UNPUBLISHED
See 464.pdf

Body: 

This adversary proceeding came before the court on motions by debtor/defendant to dismiss and by plaintiff for summary judgment. Debtor entered into a postpetition contract with defendant USM to demolish its steel mill site and salvage scrap metals, among other things. USM entered into an agreement with plaintiff to sell to it certain scrap iron and steel that it had salvaged. Debtor declared its contract with USM to be in default and refused access to the scrap metal that had been sold by USM to plaintiff. On the countering motions, the court found that plaintiff’s complaint stated its claims sufficiently to satisfy the standard needed to avoid dismissal. The court also found that fact issues regarding ownership of the scrap metal precluded summary judgment. Both motions were therefore denied. This case was heard together with 464.pdf, a related case.

Internal Ref: 
Opinion 465
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