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IN RE MIRANT CORP.

No. 04-11264.

440 F.3d 238 (2006)

In the Matter of: MIRANT CORPORATION, Debtor. Bonneville Power Administration, Appellant, v. Mirant Corporation, Appellee.

United States Court of Appeals, Fifth Circuit.

February 13, 2006.

Attorney(s) appearing for the Case

Jeffrey A. Clair (argued), William Kanter, U.S. Dept. of Justice, Civ. Div., Washington, DC, for Appellant.

Thomas E. Lauria, White & Case, Miami, FL, Robin E. Phelan (argued), Amy M. Walters, Frances A. Smith, Haynes & Boone, Dallas, TX, for Appellee.

Before GARWOOD, SMITH and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Bonneville Power Administration ("BPA") appeals the district court's affirmance of two orders entered by the bankruptcy court. Debtor Mirant Corporation and related entities filed a petition under Chapter 11 of the Bankruptcy Code, triggering a dispute between the parties regarding the ability of BPA to terminate an executory contract for the future purchase of electric power. On the one hand, the Bankruptcy Code's automatic stay, effective...

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