Legal Opinion

Fluor Enterprises, Inc. v. Orion Refining Corp. (In Re Orion Refining Corp.)

United States Bankruptcy Court, D. Delaware

Decided November 21, 2006No. 19-10313Published

1Opinion of the Court

MEMORANDUM OPINION 1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Motion of the ORC Distribution Trust (the “Trust”) for determination that there is no just reason for delay in entry of final judgment on Counts I and IV of the Complaint filed by Fluor Enterprises, Inc. (“Fluor”) against Orion Refining Corporation. For the reasons set forth below, the Court will deny the Trust’s Motion.

1. BACKGROUND

On February 4, 2004, Fluor filed a Complaint against Orion Refining Corporation (the “Debtor”) 2 to recover funds for fire restoration, maintenance, and new construction work performed…

2Cases cited10 opinions

  1. Curtiss-Wright Corp. v. General Electric Co.Supreme Court of the United States · 1980
  2. Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
  3. Liberty Mutual Insurance v. WetzelSupreme Court of the United States · 1976
  4. Anthuis v. Colt Industries Operating Corp.Court of Appeals for the Third Circuit · 1992
  5. Gerardi v. PelulloCourt of Appeals for the Third Circuit · 1994

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