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IN RE CAJUN ELEC. POWER CO-OP., INC.

No. 98-31258.

185 F.3d 446 (1999)

In the Matter of CAJUN ELECTRIC POWER CO-OPERATIVE, INCORPORATED, Debtor. Louisiana Public Service Commission, and Unofficial Members Committee, Appellant, v. Ralph R. Mabey, Chapter 11 Trustee for Cajun Electric Power Cooperative, Inc.; Rural Utilities Services; Unsecured Creditors Committee, Appellees.

United States Court of Appeals, Fifth Circuit.

August 16, 1999.

Attorney(s) appearing for the Case

Michael R. Fontham, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, LA, for Appellant.

Lon A. Jenkins, Kenneth L. Cannon, LeBoeuf, Lamb, Green & MacRae, Salt Lake City, UT, David S. Rubin, Kantrow, Spaht, Weaver & Blitzer, Baton Rouge, LA, for Ralph R. Mabey.

Brendan Collins, U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, John Joseph Gaupp, Baton Rouge, LA, for Rural Utilities Services.

Gerald M. Amero, Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, ME, Stephen F. Chiccarelli, Michael Allen Crawford, Breazeale, Sachse & Wilson, Baton Rouge, LA, for Unsecured Creditors Committee.

Before KING, Chief Judge, and REAVLEY and BENAVIDES, Circuit Judges.

KING, Chief Judge:

The Louisiana Public Service Commission appeals an order of the bankruptcy court enjoining it from reducing, or considering any argument in support of reducing, the wholesale rates charged by the debtor, Cajun Electric Power Cooperative, Inc., as a result of the suspension of debt service occasioned by its filing under Chapter 11 of the Bankruptcy Code. Because we determine that the bankruptcy court abused its discretion by issuing such an injunction...

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