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IN RE ATHENS/ALPHA GAS CORP.

No. 05-6020ND.

332 B.R. 578 (2005)

In re ATHENS/ALPHA GAS CORPORATION, a Texas corporation, Debtor. Robert M. Hallmark & Associates, Inc.; Frank Celeste; William R. Austin; Phoenix Energy, Inc.; Bobby Lankford; and Erskine Williams, Interested Parties — Appellants. v. Athens/Alpha Gas Corporation, Debtor — Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed November 4, 2005.

Attorney(s) appearing for the Case

Jon R. Brakke of Fargo, North Dakota, for appellants.

Appellees did not participate in the appeal.

Before KRESSEL, Chief Judge, FEDERMAN, and MAHONEY, Bankruptcy Judges.

MAHONEY, Bankruptcy Judge.

The appellants appeal from an order of the bankruptcy court dated April 19, 2005, denying their claim for administrative expenses. For the reasons stated below, we reverse.

Facts & Procedural History

The parties jointly own an oil and gas well in North Dakota. The debtor operates it and owns approximately 50 percent of the working interest. The appellants own approximately 45 percent of the working interest in...

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