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MATTER OF CAJUN ELEC. POWER CO-OP., INC.

No. 95-30760.

69 F.3d 746 (1995)

In the Matter of CAJUN ELECTRIC POWER COOPERATIVE, INC., Debtor, CAJUN ELECTRIC POWER COOPERATIVE, INC., et al., Appellants, v. CENTRAL LOUISIANA ELECTRIC COMPANY, INC., et al., Appellees.

United States Court of Appeals, Fifth Circuit.

November 20, 1995.

Attorney(s) appearing for the Case

William Hardy Patrick, III, Baton Rouge, LA, Richard Neal Batson, John C. Weitnauer, Alston & Bird, Atlanta, GA, for Cajun Electric Power Cooperative, Incorporated.

Richard E. Matheny, Gordon, Arata, McCollam & Duplantis, Baton Rouge, LA, Ewell E. Eagan, Jr., C. Peck Hayne, Jr., Gordon, Arata, McCollam & Duplantis, New Orleans, LA, for Central Louisiana Elec. Coop., Inc.

John S. Koppel, William Ruth Kanter, United States Department of Justice, Civil Division, Washington, DC, for United States of America on behalf of Rural Utilities Service.

John S. Koppel, U.S. Dept. of Justice, Civil Div., Washington, D.C., for U.S. Department of Agriculture.

Nicholas F. LaRocca, Jr., Morgan City, LA, for Teche Electric Cooperative, Inc.

Tom F. Phillips, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, David J. Messina, Taylor, Porter, Brooks & Phillips, New Orleans, LA, for Gulf States Utilities Company.

Before REYNALDO G. GARZA, BARKSDALE and EMILIO M. GARZA, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

Appellants appeal from the appointment of a trustee in a Chapter 11 bankruptcy. For the reasons stated below, we vacate the appointment of a trustee and remand for further proceedings.

I.

BACKGROUND

This is an appeal from the district court's appointment of a trustee for Cajun Electric Power Cooperative, Inc. ("Cajun"). The district court appointed a trustee because it found that conflicts of interest existed...

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