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IN RE RARE EARTH MINERALS

No. 04-2526.

445 F.3d 359 (2006)

In re RARE EARTH MINERALS, Debtor. Mary Hazelbaker, Creditor-Appellant, v. Hope Gas, Incorporated; Dominion Field Services, Incorporated; Tri-County Oil and Gas, Incorporated, Creditors-Appellees, Stephen L. Thompson, Trustee-Appellee, v. Debra A. Wertman; Doddridge County Commission; Lucille Wagoner; Thomas Wagoner; Michael L. Bialek; Sara C. Mullins; Stephen E. Mullins; Clarence E. Sigley, Trustee of the Carolyn E. Farr Trust, Parties-in-Interest.

United States Court of Appeals, Fourth Circuit.

Decided April 18, 2006.

Attorney(s) appearing for the Case

ARGUED: Judy L. Shanholtz, McNeer, Highland, McMunn & Varner, L.C., Clarksburg, West Virginia, for Appellant. Stephen L. Thompson, Barth & Thompson, Charleston, West Virginia, for Appellees. ON BRIEF: James A. Varner, Robert W. Trumble, McNeer, Highland, McMunn & Varner, L.C., Clarksburg, West Virginia, for Appellant. Francis L. Warder, Jr., Fairmont, West Virginia, for Appellees.

Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge DUNCAN joined.

OPINION

WILKINSON, Circuit Judge.

In this case we consider the "statutory mootness" of an appeal challenging a bankruptcy court's authorization of the assumption and sale of an oil and gas lease. Section 363(m) of the Bankruptcy Code, 11 U.S.C. § 363(m) (2000), curtails the power of appellate courts to undo the authorized sale of...

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