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IN RE DARBY

No. 05-20931.

470 F.3d 573 (2006)

In the Matter of: Damon Fitzgerald DARBY, Debtor. Damon Fitzgerald Darby, Appellant, v. Time Warner Cable, Inc., Appellee.

United States Court of Appeals, Fifth Circuit.

November 14, 2006.

Attorney(s) appearing for the Case

Alexander Bernard Wathen (argued), Kubosh & Associates, Houston, TX, for Darby.

Thomas M. Gregor (argued), Ogden, Gibson, Broocks & Longoria, Houston, TX, for Appellee.

Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Damon Darby appeals from a judgment in favor of Time Warner Cable by the district court, which affirmed the bankruptcy court. After Darby filed for bankruptcy, his cable provider, Time Warner Cable ("Time Warner"), disconnected his service. Darby attempted to give Time Warner adequate assurances of future payment, including a deposit, under 11 U.S.C. § 366, but Time Warner refused to reinstate the service. Both the district court...

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