IN RE PILGRIM'S PRIDE CORP.

No. 11-10774.

690 F.3d 650 (2012)

In the Matter of PILGRIM'S PRIDE CORP., formerly known as WLR Foods, Incorporated, formerly known as AgraTech Seeds, Incorporated, formerly known as Wampler Foods, Incorporated, formerly known as Gold Kist, Incorporated, formerly known as Pilgrims Pride Corporation of Georgia, Incorporated, formerly known as GK Peanuts, Incorporated, formerly known as WLR, formerly known as Pilgrims Pride Corporation of Virginia, Incorporated, formerly known as Pilgrims Pride Corporation of Delaware, Incorporated, Debtor. CRG Partners Group, L.L.C., Appellee, v. William T. Neary, In His Capacity as the United States Trustee for Region 6, Appellant.

United States Court of Appeals, Fifth Circuit.

As Revised August 14, 2012.


Attorney(s) appearing for the Case

Erin Marie Schmidt , Trial Atty., Lisa L. Lambert , U.S. Dept. of Justice, Office of the U.S. Trustee, Dallas, TX, Wendy Lang Cox (argued), U.S. Dept. of Justice, Executive Office of the U.S. Trustee, Noah Mariano Schottenstein , Trial Atty., U.S. Dept. of Justice, Washington, DC, for Appellant.

James F. Wallack (argued), Gregory O. Kaden , Vanessa V. Peck , Goulston & Storrs, P.C., Boston, MA, Joseph Michael Coleman , Robert J. Taylor , Kane Russell Coleman & Logan, P.C., Dallas, TX, for Appellee.

Bryan S. Dumesnil , Bradley Jason Benoit , Heath Aaron Novosad , Bracewell & Giuliani, L.L.P., Houston, TX, for ASARCO, L.L.C., Amicus Curiae.

Aaron Michael Streett , Baker Botts, L.L.P., Houston, TX, for Baker Botts LLP, Amicus Curiae.

Before STEWART, ELROD and SOUTHWICK, Circuit Judges.


JENNIFER WALKER ELROD, Circuit Judge:

In this case, we must determine whether the Supreme Court's decision in Perdue v. Kenny A. ex rel Winn, ___ U.S. ___, 130 S.Ct. 1662, 176 L.Ed.2d 494 (2010) — which curtailed the authority of district courts to award fee enhancements in federal fee-shifting cases — unequivocally, sub silentio overruled our circuit's precedent in the bankruptcy arena. We hold that it...

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