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FUEL OIL SUPPLY AND TERMINALING v. GULF OIL CORP.

No. 84-2464.

762 F.2d 1283 (1985)

FUEL OIL SUPPLY AND TERMINALING, Plaintiff, The Official Creditors Committee of Fuel Oil Supply and Terminaling, Movants-Appellants, v. GULF OIL CORPORATION, Defendant-Appellee, Banque De Paris Et Des Pays-Bas, et al., Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 17, 1985.

Attorney(s) appearing for the Case

Lackshin & Nathan, Michael S. Holmes, Herbert N. Lackshin, Houston, Tex., for movants-appellants.

Nancy Atlas, Houston, Tex., for Fuel Oil.

Bruce A. Atkins, Dotson, Babcock & Scofield, William M. Schultz, James C. Kean, Houston, Tex., for Gulf Oil.

Schlanger, Cook, Cohn, Mills & Grossberg, C. Henry Kollenberg, Houston, Tex., for Banque De Paris.

Baker & Botts, Robert E. Goodman, Jr., Houston, Tex., for Lockwood.

Before GEE, POLITZ, and WILLIAMS, Circuit Judges.

GEE, Circuit Judge:

This case requires us to determine whether a creditors committee has an absolute statutory right to intervene in a bankruptcy adversary proceeding.* We hold that the committee has no such statutory right, but we remand the case to the district court to determine whether another basis may exist for the committee to intervene.

I.

The facts of this case are simple and undisputed. The Official Creditors...

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