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NICOLE GAS PRODUCTION, LTD.

No. 18-3301.

916 F.3d 566 (2019)

NICOLE GAS PRODUCTION, LTD., Debtor. James A. Lowe; Curtland H. Caffey; S. Brewster Randall, II; Robert C. Sanders, Appellants, v. Brenda K. Bowers, Chapter 7 Trustee of the Bankruptcy Estate of Nicole Gas Production, Ltd., Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 22, 2019.

Attorney(s) appearing for the Case

ARGUED: Rick L. Ashton , ALLEN, KUEHNLE, STOVALL & NEUMAN, LLP, Columbus, Ohio, for Appellant Lowe. Robert C. Sanders, Upper Marlboro, Maryland, pro se. Daniel E. Shuey , VORYS, SATER, SEYMOUR AND PEASE LLP, Columbus, Ohio, for Appellee. ON BRIEF: Rick L. Ashton , James A. Coutinho , ALLEN, KUEHNLE, STOVALL & NEUMAN, LLP, Columbus, Ohio, for Appellant Lowe. Daniel E. Shuey , Brenda K. Bowers , VORYS, SATER, SEYMOUR AND PEASE LLP, Columbus, Ohio, for Appellee. Robert C. Sanders, Upper Marlboro, Maryland, S. Brewster Randall, II, Curtland H. Caffey, Columbus, Ohio, pro se.

Before: MERRITT, COOK, and LARSEN, Circuit Judges.

OPINION

This is a bankruptcy contempt dispute. Normally a party's conduct is contemptuous or it is not. But in this unusual case, whether the defendants are in contempt depends on statutory construction. The question presented is whether the Ohio RICO statute gives the sole shareholder of a bankrupt corporation...

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