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IN RE ENERGYTEC, INC.

No. 12-41162.

739 F.3d 215 (2013)

In the Matter of ENERGYTEC, INCORPORATED, Debtor. Newco Energy, Appellant v. Energytec, Incorporated; Red Water Resources, Incorporated, Appellees.

United States Court of Appeals, Fifth Circuit.

December 31, 2013.

Attorney(s) appearing for the Case

Thomas A. Zabel , [COR LD NTC Retained], Zabel Freeman, L.L.P., Houston, TX, for Appellant.

James Patrick Kelley , [COR LD NTC Retained], Ireland, Carroll & Kelley, P.C., Tyler, TX, Chad J. Kutmas , Esq., [COR LD NTC Retained], McDonald, McCann & Metcalf, L.L.P., Tulsa, OK, for Appellees. Appeal from the United States District Court for the Eastern District of Texas.

Before: DENNIS, CLEMENT, and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

Energytec, Inc. owns and operates gas pipelines. In 2009, the company filed a voluntary petition for bankruptcy relief under Chapter 11. The bankruptcy court authorized a sale of a pipeline system to Red Water Resources, Inc., but reserved for later determination whether the sale was free and clear of Newco Energy's right to certain fees and other interests in the pipeline. Over a year after the sale, the bankruptcy court ruled...

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