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IN RE EDWIN A. EPSTEIN, JR. OPERATING CO., INC.

No. 04-50106-H1-7.

314 B.R. 591 (2004)

In re EDWIN A. EPSTEIN, JR. OPERATING CO., INC., Involuntary Debtor.

United States Bankruptcy Court, S.D. Texas, Houston Division.

May 27, 2004.

Attorney(s) appearing for the Case

Patrick D. Devine, Ware, Snow, Fogel & Jackson, LLP, William D. Wood, Adam T. Schramek, Fulbright & Jaworski, LLP, Houston, TX, for debtor.

Ronald J. Johnson, Attorney at Law, San Antonio, TX, for Supply Solutions of Texas, Inc., L.G.H. Inc. and Spinnsoft, Inc.

Richard L. Fuqua, Fuqua & Keim, LLP, Houston, TX, for Morningstar Gas, Inc.

Jonnie Patterson, Walker & Patterson, P.C., for Edward Abell, Jr. and Leo LeBlanc.

Diane G. Livingstone, Office of U.S. Trustee, Nancy Lynne Holley, U.S. Trustee, Houston, TX, for U.S. Trustee.

MEMORANDUM OPINION

MARVIN ISGUR, Bankruptcy Judge.

By separate orders, this Court has (i) voided a determination made by an arbitration panel; and (ii) authorized the Involuntary Debtor to prosecute an interlocutory appeal of that same order. This memorandum opinion sets forth the basis for those decisions.

Factual background.

In 1995, the Edwin A. Epstein, Jr. Operating Co., Inc. ("EEOC") obtained interests/leases in several...

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