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.https://leagle.com/images/logo.png
Aaron Michael Streett , Baker Botts, L.L.P., Houston, TX, for Baker Botts LLP, Amicus Curiae.
Before STEWART, ELROD and SOUTHWICK, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
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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