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IN RE BRISTOL RES. 1994 ACQUISITION LTD. PARTNER.

No. 02-40994.

333 F.3d 608 (2003)

In the Matter of: BRISTOL RESOURCES 1994 ACQUISITION LIMITED PARTNERSHIP; Bristol Resources Corporation; Bristol Production Corporation, L.L.C., Debtors. Stephen E. Jackson; Stephen E. Heyman; Bristol Resources Holdings, Inc.; Bristol Resources Real Estate Holdings, Inc.; Stephens Investment Company; Stephens Property Company; Bristol Aviation Sales, L.L.C.; Bristol Production Company; American Central Gas Technologies Companies, Inc., formerly known as American Central Gas Companies, Inc.; American Central Oil Corporation; El Reno Oil Field Services, Inc.; Bristol-American Holdings, Inc.; Bristol Resources Canada, Inc.; Bristol Investment Company; BPC Operating Company, Inc., Appellants, v. NI Fuel Company, Inc., formerly known as NIPSCO Fuel Company, Inc., Appellee.

United States Court of Appeals, Fifth Circuit.

June 19, 2003.

Attorney(s) appearing for the Case

Marilee A. Madan, Russell & Madan, Houston, TX, for Jackson, Heyman and Bristol Resources Holdings, Inc.

Millard Ariel Johnson, Johnson, Finkel, DeLuca & Kennedy, Houston, TX, for Bristol Resources Holdings Inc., Bristol Resources Real Estate Holdings Inc., Stephens Investment Co., Stephens Property Co., Bristol Aviation Sales LLC, Bristol Production Co., American Central Gas Technologies Companies Inc. fka American Central Gas Companies Inc., American Central Oil Corp., El Reno Oil Field Services Inc., Bristol-American Holdings Inc., Bristol Resources Canada Inc., Bristol Investment Co. and BPC Operating Company Inc., Appellants.

Richard H. Foster, Richard P. Hix, Sam G. Bratton, II, Doerner, Saunders, Daniel & Anderson, Tulsa, OK, Patricia Reed Constant, Corpus Christi, TX, for NI Fuel Company Inc fka Nipsco Fuel Company Inc., Appellee.

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

PER CURIAM:

Appellants appeal the district court's affirmance of the bankruptcy court's denial of their Emergency Motion to Enforce Order Confirming Plan ("Motion to Enforce"). In the motion, the appellants sought to have the bankruptcy court determine whether any claims brought by NI Fuel Company, Inc. ("NI Fuels") in an action in Oklahoma state court were derivative claims belonging to Bristol Resources 1994 Acquisition...

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