In The Matter of: COASTAL PLAINS, INC., Debtor.
Browning Manufacturing, Appellant/Cross-Appellee,
v.
Jeffrey H. Mims, Trustee for the Bankruptcy Estate of Coastal Plains, Inc.; Industrial Clearinghouse, Inc., Appellees/Cross-Appellants.
Industrial Clearinghouse, Inc., Successor in interest to Coastal Plains Inc.; Jeffrey H. Mims, Trustee of The Estate of Coastal Plains, Inc., Appellees/Cross-Appellants,
v.
Browning Manufacturing, formerly known as Emerson Electric Company, formerly known as Emerson Power Transmission Corporation, Appellant/Cross-Appellee.
In The Matter Of: Coastal Plains, Inc., Debtor.
Industrial Clearinghouse, Inc.; Jeffrey H. Mims, Trustee of The Estate of Coastal Plains, Inc., Appellees-Appellants,
v.
Browning Manufacturing, formerly a Division of Emerson Electric Company, Appellant-Appellee.
In The Matter Of: Coastal Plains, Inc., Debtor.
Browning Manufacturing, Appellant,
v.
Jeffrey H. Mims, Trustee for the Bankruptcy Estate of Coastal Plains, Inc.; Industrial Clearinghouse, Inc., Appellees.
Industrial Clearinghouse, Inc., Successor in interest to Coastal Plains, Inc.; Jeffrey H. Mims, Trustee for the Bankruptcy Estate of Coastal Plains, Inc., Appellees,
v.
Browning Manufacturing, formerly known as Emerson Electric Company, formerly known as Emerson Power Transmission Corporation, Appellant.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
June 18, 1999.
Rehearing and Suggestion for Rehearing Denied August 4, 1999.
Attorney(s) appearing for the Case
Harry M. Reasoner, Marie Roach Yeates, Penelope E. Nicholson, Scott J. Atlas, Gwendolyn Johnson Samora, William Richard Thompson, II, Raymond Arno Just, Vinson & Elkins, Houston, TX, Robbi B. Hull, Vinson & Elkins, Austin, TX, Edward F. Kohnke, IV, Joseph N. Mole, Michael Raudon, Phillips, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, for Appellant/Cross-Appellee.
Michael Vance Powell, Morris Harrell, Cynthia Keely Timms, Locke, Liddell & Sapp, Dallas, TX, Jody Gene Sheets, Douglas Clay Holcomb, Amaarillo, TX, Stephen Wilson Elliott, Kline & Kline, Oklahoma City, OK, David Patrick Long, Patton Boggs, Dallas, TX, for Appellees/Cross-Appellants.
M. Bruce Peele, Plano, TX, for Mims.
Before REYNALDO G. GARZA, POLITZ and BARKSDALE, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
Rehearing and Suggestion for Rehearing En Banc Denied August 4, 1999.
RHESA HAWKINS BARKSDALE, Circuit Judge:
For all but one of the claims at hand, the overarching issue is whether the bankruptcy court abused its discretion by not judicially estopping plaintiffs Industrial Clearinghouse and the Trustee for the bankruptcy estate of Coastal Plains from pursuing claims against Browning, Coastal's largest unsecured creditor...
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