MATTER OF SHERWIN ALUMINA COMPANY, L.L.C.

No. 18-40557.

932 F.3d 404 (2019)

In The MATTER OF: SHERWIN ALUMINA COMPANY, L.L.C.; Sherwin Pipeline, Inc., Debtors. Port of Corpus Christi Authority, Appellant v. Sherwin Alumina Company, L.L.C.; Sherwin Pipeline, INC., Appellees.

United States Court of Appeals, Fifth Circuit.

FILED August 6, 2019.


Attorney(s) appearing for the Case

Lynn Hamilton Butler, Esq. , Husch Blackwell, L.L.P., Austin, TX, for Appellant.

Anna Rotman , Jamie Alan Aycock , Mark C. Holden, Esq. , Kirkland & Ellis, L.L.P., Houston, TX, Erin Murphy , Kirkland & Ellis, L.L.P., Washington, DC, Gregory F. Pesce , Kirkland & Ellis, L.L.P., Chicago, IL, Joshua A. Sussberg , Kirkland & Ellis, L.L.P., New York, NY, for Appellees.

Before HIGGINBOTHAM, SMITH, and HIGGINSON, Circuit Judges.


A bankruptcy sale extinguished an easement of the Port of Corpus Christi Authority, an arm of the State of Texas. The Port initiated an adversary proceeding against the debtors, Sherwin Alumina Company and Sherwin Pipeline Incorporated, seeking to invalidate the sale and regain its easement. The bankruptcy...

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