In re NATIONAL GAS DISTRIBUTORS, LLC, Debtor.
Richard M. Hutson, II, Trustee for National Gas Distributors, LLC, Plaintiff-Appellee,
v.
E.I du Pont de Nemours and Company, Incorporated; Smithfield Packing Company, Incorporated, f/k/a Stadler's Country Hams, Incorporated, Defendants-Appellants.
International Swaps and Derivatives Association, Inc.; BP Energy Company; BP Canada Energy Marketing Corporation; Nexen Marketing; Nexen Marketing U.S.A. Inc., Amici Supporting Appellants,
First Citizens Bank & Trust Company, Amicus Supporting Appellee.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued October 28, 2008.
Decided February 11, 2009.
Attorney(s) appearing for the Case
ARGUED: Earle Duncan Getchell, Jr., McGuirewoods, L.L.P., Richmond, Virginia, for Appellants. John Arlington Northen, Northen Blue, L.L.P., Chapel Hill, North Carolina, for Appellee. ON BRIEF: Thomas E. Cabaniss, Dion William Hayes, McGuirewoods, L.L.P., Richmond, Virginia; Robert A. Cox, Jr., McGuirewoods, L.L.P., Charlotte, North Carolina, for Appellants. David M. Rooks, Vicki L. Parrott, Stephanie Osborne-Rodgers, Northen Blue, L.L.P., Chapel Hill, North Carolina, for Appellee. Joshua Cohn, Hugh McDonald, Anna Taruschio, Erika Singer, Matthew North, Allen & Overly, L.L.P., New York, New York; David M. Warren, Poyner & Spruill, L.L.P., Rocky Mount, North Carolina, for International Swaps and Derivatives Association, Inc., Amicus Supporting Appellants. James S. Carr, Craig A. Wolfe, Benjamin Blaustein, Kelley Drye & Warren, L.L.P., New York, New York, for BP Energy Company, BP Canada Energy Marketing Corporation, Nexen Marketing, and Nexen Marketing U.S.A. Inc., Amici Supporting Appellants. Michael P. Flanagan, Paul A. Fanning, Ward and Smith, P.A., Greenville, North Carolina, for First Citizens Bank & Trust Company, Amicus Supporting Appellee.
Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Judge BENNETT joined.
United States Court of Appeals, Fourth Circuit.
OPINION
NIEMEYER, Circuit Judge:
On December 14, 2006, the Trustee in this Chapter 11 bankruptcy of National Gas Distributors, LLC, a distributor of natural gas to industrial, governmental, and other customers, commenced these adversary proceedings under 11 U.S.C. §§ 548(a) and 550(a) against three of National Gas' customers by filing complaints to avoid numerous natural gas supply contracts entered into with these customers during the year before...
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