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IN RE NEWELL INDUSTRIES, INC.

No. 02-50530.

336 F.3d 446 (2003)

In the Matter of: NEWELL INDUSTRIES, INC., Debtor. Camden Iron & Metal, Inc., Appellant, v. Andrew B. Krafsur, Trustee, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 8, 2003.

Attorney(s) appearing for the Case

Richard Porter Corrigan (argued), San Antonio, TX, Charles J. Bondurant, Law Office of C. J. Bondurant, San Antonio, TX, for Appellant.

Michael S. Truesdale (argued), Diamond, McCarthy, Taylor, Finley, Bryant & Lee, Austin, TX, Christopher D. Johnson, Diamond, McCarthy, Taylor & Finley, Houston, TX, for Appellee.

Before GARWOOD and HIGGINBOTHAM, Circuit Judges, and FELDMAN, District Judge.

FELDMAN, District Judge:

I.

Camden Iron & Metal, Inc. is a metal recycling and salvaging company engaged in shredding and processing old automobiles and appliances. The scrap that is left is sold to steel mills and aluminum foundries and processed into new products.

In April 1998, Camden agreed with Newell Industries, Inc. to buy a MegaShredder. The MegaShredder is a specialized, complex machine that is designed to shred large metal objects into...

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