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IN RE DAISYTEK, INC.

Civ.A. No. 3:05CV0008-D, Bankruptcy No.03-34762-HDH-11.

323 B.R. 180 (2005)

In re DAISYTEK, INCORPORATED, et al., Debtors. Ernst & Young, LLP, Appellant, v. J. Gregg Pritchard, Trustee, Appellee.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

April 11, 2005.

Attorney(s) appearing for the Case

Rod Phelan, Robb L. Voyles, and Gavin R. Villareal of Baker Botts, L.L.P., Dallas, TX, for Appellant.

Scott M. DeWolf, Sean J. McCaffity, Diamond McCarthy Taylor Finley Bryant & Lee, Dallas, TX, for Appellee.

FITZWATER, District Judge.

In this appeal from a bankruptcy court order authorizing a post-confirmation creditors' trust to conduct a Fed. R. Bank. P. 2004 examination, the court must decide whether the bankruptcy court erred when it authorized the examination without adequately considering whether to give effect to contractual arbitration clauses that restrict discovery. Concluding that it did, the court vacates the order...

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