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JORDAN v. RANDOLPH MILLS, INC.

Nos. 83-1359, 83-1360.

716 F.2d 1053 (1983)

John M. JORDAN, Plaintiff, and Federal Energy Regulatory Commission, Appellant, v. RANDOLPH MILLS, INC., Appellee. In re RANDOLPH MILLS, INC., Debtor. John M. JORDAN, Appellant, and Federal Energy Regulatory Commission, Intervenor, v. RANDOLPH MILLS, INC., Appellee. In re RANDOLPH MILLS, INC., Debtor.

United States Court of Appeals, Fourth Circuit.

Decided September 6, 1983.

Attorney(s) appearing for the Case

Wiley P. Wooten, Burlington, N.C. (Jeffrey A. Andrews, Vernon, Vernon, Wooten, Brown & Andrews, P.A., Burlington, N.C., on brief), Joshua Z. Rokach, Washington, D.C. (Stephen R. Melton, Acting Gen. Counsel, Jerome M. Feit, Sol. Federal Energy Regulatory Commission, Washington, D.C., on brief) and Lee M. Goodwin, Washington, D.C. (Goodwin & Schwartzstein, Washington, D.C., on brief), for appellants.

R. Bradford Leggett, Winston-Salem, N.C. (Allman, Spry, Humphreys & Armentrout, Winston-Salem, N.C., on brief), for appellee.

Before PHILLIPS and SPROUSE, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

An applicant for a license from the Federal Energy Regulatory Commission to produce electric power by utilizing an abandoned dam on property of a bankrupt debtor in possession was held to have been in violation of a broad restraining order, issued by the bankruptcy court against interference with the debtor's possession and enjoyment of its property. The bankruptcy court held John Jordan, who had filed the application on behalf of...

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