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IN RE MOOSE OIL & GAS CO.

No. 08-40840.

613 F.3d 521 (2010)

In the Matter of: MOOSE OIL & GAS CO.; Moose Operating Company, Inc., Debtors. O. Lee Tawes, III, Appellant, v. Doris Barnes, Individually and as Independent Executrix of the Estate of Leon McNair Barnes, Deceased, Appellee.

United States Court of Appeals, Fifth Circuit.

July 29, 2010.

Attorney(s) appearing for the Case

Barnet Bernard Skelton, Jr., Houston, TX, for Appellant.

Thomas Kirkendall, Law Office of Tom Kirkendall, The Woodlands, TX, Dick Watt, Watt Beckworth Thompson & Henneman, L.L.P., Houston, TX, for Appellee.

Before GARWOOD, SMITH and CLEMENT, Circuit Judges.

PER CURIAM:

As stated below, this case involves important and determinative questions of Texas law as to which there is no controlling Texas Supreme Court precedent. Accordingly, we certify those unresolved questions to the Supreme Court of Texas.

CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT TO THE SUPREME COURT OF TEXAS, PURSUANT TO THE TEXAS CONSTITUTION ART. 5, § 3-C AND TEXAS RULE OF APPELLATE PROCEDURE 58.1. ...

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