IN RE GIBRALTAR RESOURCES, INC.

No. 98-11310.

210 F.3d 573 (2000)

In the Matter of GIBRALTAR RESOURCES, INC., doing business as Resources International Group, Debtor. Scott Underwood Adam, Marvin Barish; Alan I. Becker; Glenn T. Bell; Stephen Bruce; O.L. Burrage; F. Herman Coleman; Robert S. Crandall; Lorraine P. Crandall; Clyde J. Dods; Judith A. Dods; Robert G. Farris; Jack F. Fox; Hazel A. Green; Lewis Johnson; E. Thomas W. Nesbitt; Richard Norton; Duane Seaman; Charles Sebastian; Dale E. Stocking; Gale H. Stocking; Joseph G. Ulinger; John S. Wilford, Heir; R.M. Zillig; S.M. Zillig, Appellants, v. Itech Oil Company; Frank App, Jr., Appellees.

United States Court of Appeals, Fifth Circuit.

May 10, 2000.


Attorney(s) appearing for the Case

Pamela R. Dunlop (argued), Neligan & Averch, Michael Joseph Collins (argued), Bickel & Brewer, Dallas, TX, for Appellants.

John Paul Stanford (argued), Palmer & Palmer, Dallas, TX, for Appellees.

Before POLITZ, GARWOOD and DAVIS, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

In this case we must decide whether the Plaintiffs are barred by a settlement that was approved by the bankruptcy court. We conclude that Plaintiffs' failure to appeal the order approving the settlement precludes this action. We therefore affirm the dismissal of Plaintiffs' damage action.

I.

The instant case arises from post-petition complications involving an interest in an oil well ("Hannusch Well" or "Well"). In...

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