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Consolidated Pipe & Supply Co. v. Colter

January 28, 1999

CONSOLIDATED PIPE & SUPPLY COMPANY, INC.
v.
R.D. COLTER, JR., TRUSTEE FOR THE BENEFIT OF CREDITORS OF B. G. FORTENBERRY DRILLING COMPANY, INC., FOUR RIVERS EXPLORATION, INC., FRIO EXPLORATION, L.L.C., R. W. DELANEY CONSTRUCTION COMPANY, KAISER PETROLEUM PRODUCTS, LEWELL TONEY, MISS-LOU PIPE & EQUIPMENT COMPANY, INC., HALLIBURTON LOGGING SERVICES, INC., BLANEY'S OILFIELD SUPPLY, INC., BLANEY OILFIELD SPECIALTY, INC., ARMADILLO SERVICES, INC., AND RUDY KRUGER



The opinion of the court was delivered by: Waller, Justice

DATE OF JUDGMENT: January 24, 1997

TRIAL JUDGE: HON. KENNIE E. MIDDLETON

COURT FROM WHICH APPEALED: ADAMS COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - CONTRACT

DISPOSITION: AFFIRMED - January 28, 1999

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

EN BANC.

STATEMENT OF THE CASE

¶1. R. D. Coulter, Jr., as Trustee for the Benefit of Creditors of B. G. Fortenberry Drilling Company, Inc., filed a petition seeking to have the rights and obligations of interested parties determined. Consolidated Pipe & Supply Company appeals from a judgment entered by the Chancery Court of Adams County, Mississippi, The Honorable Kennie E. Middleton presiding, and assigns the following issues for our consideration.

I. WHETHER THE TRIAL COURT ERRED IN ALLOWING PAYMENT OF FORTENBERRY'S SUPPLIERS' CLAIMS OF $24,827.66 PRIOR TO PAYING THE CLAIM OF CONSOLIDATED PIPE & SUPPLY COMPANY, INC. II. WHETHER THE TRIAL COURT ERRED IN ALLOWING THE TRUSTEE A $5,000 CREDIT FOR REMOVING THE DRILLING RIG PRIOR TO PAYING THE CLAIM OF CONSOLIDATED PIPE & SUPPLY COMPANY, INC. III. WHETHER THE TRIAL COURT ERRED IN ALLOWING FOUR RIVERS A SETOFF OF $1,066.39 AGAINST THE AMOUNT DUE AND OWING UNDER THE FOUR RIVERS CONTRACT PRIOR TO PAYING THE CLAIM OF CONSOLIDATED PIPE & SUPPLY COMPANY, INC.

STATEMENT OF THE FACTS

ΒΆ2. The facts surrounding the dispute between the parties are largely undisputed and were fairly and accurately set forth by Chancellor Middleton in the ...


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