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IN RE WEST DELTA OIL CO., INC.

No. 04-30848.

432 F.3d 347 (2005)

In the Matter of: WEST DELTA OIL COMPANY, INC., Debtor. I.G. Petroleum, L.L.C., Appellant, v. Michael A. Fenasci; Perrin Butler, Appellees.

United States Court of Appeals, Fifth Circuit.

December 1, 2005.

Attorney(s) appearing for the Case

David Waguespack (argued), Lemle & Kelleher, New Orleans, LA, for Appellant.

Perrin C. Butler (argued), Metairie, LA, pro se.

Michael A. Fenasci (argued), Fenasci & Associates, Jefferson, LA, pro se.

Before HIGGINBOTHAM, BARKSDALE and CLEMENT, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We review today an award of attorney's fees to special counsel in a bankruptcy proceeding who allegedly acted to acquire the assets of the debtor to the debtor's detriment. In awarding fees, the bankruptcy court, upheld by the district court, found no conflict of interest. We reverse.

I

Ninety-five percent of West Delta Oil Company's shares were held by James Ingersoll, Jr. and DKCCB Trust, in equal parts;...

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