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IN RE JACK/WADE DRILLING, INC.

No. 00-30899.

258 F.3d 385 (2001)

In the Matter of JACK/WADE DRILLING, INC., Debtor. Total Minatome Corp., Appellant, v. Jack/Wade Drilling, Inc., Paul N. DeBaillon, United States Trustee, and Baker Hughes, Inc., Appellee.

United States Court of Appeals, Fifth Circuit.

July 13, 2001.

Attorney(s) appearing for the Case

Philip K. Jones, Jr. (argued), John Andrew Lovett, Liskow & Lewis, New Orleans, LA, Paul Matthew Jones, Liskow & Lewis, Lafayette, LA, for Appellant.

Paul Nicholls DeBaillon (argued), Michael F. Miley, DeBaillon & Miley, Lafayette, LA, for Jack/Wade Drilling Inc. and DeBaillon.

Frances Hewitt Strange, U.S. Dept. of Justice, Office of the U.S. Trustee, Shreveport, LA, for U.S. Trusteee.

Stewart F. Peck (argued), Mary S. Langston, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, for Baker Hughes Inc.

Before EMILIO M. GARZA and PARKER, Circuit Judges, and ELLISON, District Judge.

ELLISON, District Judge:

Appellant Total Minatome Corporation ("TMC") appeals a district court judgment denying its Motion for Payment of an Administrative Claim in the amount of $496,724.79 pursuant to Title 11, United States Code, section 503(b)(1)(A). The question before us is whether a non-debtor litigant is entitled to claim administrative priority for its attorney fees, costs, and expenses incurred in post-petition litigation instituted by a bankruptcy trustee...

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