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IN RE TEXAS COMMERCIAL ENERGY

No. 08-40890.

607 F.3d 153 (2010)

In the Matter of: TEXAS COMMERCIAL ENERGY, Debtor. Electric Reliability Council of Texas, Inc., Appellant, v. Leo Leonard May, Appellee.

United States Court of Appeals, Fifth Circuit.

May 13, 2010.

Attorney(s) appearing for the Case

Jane M.N. Webre (argued), Gregory A. Pierce, Scott, Douglass & McConnico, L.L.P., Chad Vann Seely, Elec. Reliability Council of Tex., Austin, TX, for Appellant.

William Robert Anderson (argued), Anderson, Lehrman, Barre & Maraist, Nathaniel Peter Holzer, Jordan, Hyden, Womble, Culbreth & Holzer, P.C., Corpus Christi, TX, for Appellee.

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

EDITH H. JONES, Chief Judge:

Leo Leonard May and Texas Commercial Energy ("TCE") sued the Electric Reliability Council of Texas ("ERCOT") for drawing down a letter of credit in violation of a bankruptcy court order and confirmed reorganization plan that allegedly prevented ERCOT from taking that action to satisfy pre-confirmation debts. The final judgment awarded contract damages and attorneys fees to the Appellees. ERCOT now appeals, asserting that it had the right...

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