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

Civ.A. Nos. 02-243-B-M2, 94-2763-B-M2. Bankruptcy No. 94-11474.

280 B.R. 365 (2002)

In re CAJUN ELECTRIC POWER COOPERATIVE, INC.

United States District Court, M.D. Louisiana.

June 19, 2002.

Attorney(s) appearing for the Case

Karen H. Freese, Noel Joseph Darce, Douglas Deane Dodd, Michael R. Fontham, Stephanie D. Shuler, Paul Zimmering, Stone, Pigman, Walther, Wittmann & Hutchinson LLP, New Orleans, LA, for appellant.

John Joseph Gaupp, United States Attorney's Office, Middle District of Florida, Baton Rouge, LA, R. Patrick Vance, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, Patrick Edgerton Henry, Sharp, Henry, Cerniglia, Colvin, Weaver & Hymel, Shreveport, LA, V. Russell Purvis, Jr., Smith, Taliaferro, Seibert and Purvis, Jonesville, LA, David Samuel Rubin, Kantrow, Spacht, Weaver & Blitzer, Baton Rouge, LA, James Joseph Davidson, III, Davidson, Meaux, Sonnier & McElligott, Lafayette, LA, James B. Supple, Biggs, Supple, Cremaldi & Curet, LLP, Franklin, LA, John M. Sharp, Baton Rouge, LA, for appellees.

William Hardy Patrick, III, Schwab & Walter, Baton Rouge, LA, for debtor.

David Samuel Rubin, Kantrow, Spacht, Weaver & Blitzer, Baton Rouge, LA, for trustee.

RULING

POLOZOLA, Chief Judge.

This case is once again before this Court on an appeal taken by the Louisiana Public Service Commission (LPSC) from a decision rendered by the bankruptcy judge on December 4, 2001. The bankruptcy judge denied the amended motion of the LPSC for recovery of amounts due at closing and request for stay to prevent depletion of estate assets.

The facts of this case have been set forth many times in prior opinions rendered...

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