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IN RE CRUTCHER-TUFTS RESOURCES, INC.

No. 06-30978.

504 F.3d 535 (2007)

In the Matter of: CRUTCHER-TUFTS RESOURCES, INC.; Crutcher-Tufts Resources, L.P., Debtors. Tufts Energy LLC, Appellant, v. Trevor G. Bryan, as Responsible Party of Crutcher-Tufts Resources, L.P. and Crutcher-Tufts Resources, Inc.; Tufts Oil & Gas-III, L.P.; Crutcher Oil & Gas-III, L.P.; JDT/CLT Family Trust; GPH/LTH Family Trust; Priscilla Eaves Reiss; John Crutcher; Michael E. Rodan; Cathy Rodan Bowman; Charles A. Dobie; Dennis E. Weese; Crutcher-Tufts Resources, Inc., through Trevor G. Bryan, Liquidator; J. Davis Tufts, III and Claudia Liberto Tufts Childrens Trust; 241 Trust; Peter Becker, in place of the Succession of Penelope Becker; Christian Becker, Appellees.

United States Court of Appeals, Fifth Circuit.

October 11, 2007.

Attorney(s) appearing for the Case

Joseph Lee McReynolds (argued), Deutsch, Kerrigan & Stiles, K. Eric Gisleson, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Appellant.

Robert A. Kutcher (argued), Nicole S. Tygier, Chopin, Wagar, Richard & Kutcher, Metairie, LA, for Bryan and Crutcher-Tufts Resources, Inc.

Thomas More Flanagan (argued), Jennifer L. Thornton, F.A. Little, Jr., Stanley, Flanagan & Reuter, New Orleans, LA, for Crutcher Oil & Gas-III LP, GPH/LTH Family Trust, Reiss, Crutcher, 241 Trust, and Peter and Christian Becker.

Jan M. Hayden, Heller, Draper, Hayden, Patrick & Horn, New Orleans, LA, for JDT/CLT Family Trust and J. David Tufts, III and Claudia Liberto Tufts Childrens Trust.

Before JOLLY, DAVIS, and WIENER, Circuit Judges.

PER CURIAM:

Appellant Tufts Energy LLC appeals the judgment of the bankruptcy court, as affirmed by the district court, rejecting Appellant's claim of entitlement to receive an equity interest in Crutcher-Tufts Resources LP by virtue of a "Membership Agreement." The bankruptcy court concluded that the determinative provision of that contract did indeed constitute a suspensive condition under applicable provisions of the Louisiana Civil Code, but that the condition...

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