Chiasson v. LA Machinery Co Inc, et al

04-30652Court of Appeals for the Fifth CircuitMay 16, 2005

Full text

United States Court of Appeals
Fifth Circuit
F I L E D
May 16, 2005
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 04-30652
In the Matter of: SEAREX ENERGY SERVICES, INC., SEAREX, INC.,
Debtors,
C. MICHAEL CHIASSON,
Appellant,
VERSUS
LOUISIANA MACHINERY COMPANY, INC., former known as Louisiana
Machinery, Inc.,
Appellee,
In the Matter of: SEAREX ENERGY SERVICES, INC., SEAREX, INC.,
Debtors,
C. MICHAEL CHIASSON,
Appellant,
VERSUS
SUPERIOR FABRICATORS, INC.,
Appellee,
In The Matter of: SEAREX ENERGY SERVICES INC., SEAREX, INC.,
Debtors,

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*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
2
C. MICHAEL CHIASSON, Trustee,
Appellant,
VERSUS
SPECIALITY MARINE & SUPPLY, LLC,
Appellee.
Appeals from the United States District Court
For the Eastern District of Louisiana
2:03:CV-1610
Before DAVIS, STEWART and DENNIS, Circuit Judges.
PER CURIAM:*
After reviewing the record in this case and based upon the
briefs of the parties and argument of counsel, we affirm the
Judgment of the District Court for essentially the reasons stated
in its Opinion dated March 24, 2003. The Bankruptcy Court
correctly concluded that the summary judgment evidence established
that the funds used to make payments to appellees were not within
the control of the debtor and therefore were not owned by the
debtor at the time of the transfer.
AFFIRMED.

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