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IN RE NEW POWER CO.

No. 04-15492.

438 F.3d 1113 (2006)

In re: the NEW POWER COMPANY, et al., Debtor. Enron Corp., Plaintiff-Appellant, v. The New Power Company, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 3, 2006.

Attorney(s) appearing for the Case

Edward Caldwell Dawson, Gregory S. Coleman, Melanie P. Sarwal, Meredith B. Parenti, Weil, Gotshal & Manges, LLP, Austin, TX, Stephen T. Loden, Weil Gotshal & Manges, LLP, Houston, TX, for Enron Corp.

Brian R. Matsui, Carter G. Phillips, Sidley Austin Brown & Wood, LLP, Joseph R. Palmore, FCC, Washington, DC, Frank William DeBorde, Morris, Manning & Martin, L.L.P., Atlanta, GA, for The New Power Co.

Before BIRCH, WILSON and COX, Circuit Judges.

PER CURIAM:

Plaintiff-appellant, Enron Corporation ("Enron") appeals the district court's affirmance of the bankruptcy court's confirmation of the Second Amended Plan submitted by defendant-appellees, The New Power Company, et al. (collectively "New Power") in their Chapter 11 reorganization. This appeal requires us to consider whether certain modifications to New Power's proposed plan were material and adverse to Enron's interests and whether a provision allowing...

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