IN RE ULTRA PETROLEUM CORP.

No. 20-20623 consolidated with No. 21-20126.

28 F.4th 629 (2022)

IN RE: ULTRA PETROLEUM CORPORATION, Debtor, Federal Energy Regulatory Commission, Appellant, v. Ultra Resources, Incorporated, Appellee.

United States Court of Appeals, Fifth Circuit.

FILED March 14, 2022.


Attorney(s) appearing for the Case

Jeffrey A. Lamken , Lucas M. Walker , Lauren Marguerite Weinstein , MoloLamken, L.L.P., Washington, DC, Lauren F. Dayton , Mark W. Kelley , Molo Lamken, L.L.P., New York, NY, Scott Ediger , Federal Energy Regulatory Commission, Washington, DC, for Appellant.

George W. Hicks, Jr. , C. Harker Rhodes, IV , Kirkland & Ellis, L.L.P., Washington, DC, for Appellee.

Kenneth W. Irvin , Sidley Austin, L.L.P., Washington, DC, for Amicus Curiae Rockies Express Pipeline, L.L.C.

Scott A. Brister, Esq. , Hunton Andrews Kurth, L.L.P., Austin, TX, for Amicus Curiae Rover Pipeline, L.L.C.

Before King, Graves, and Ho, Circuit Judges.


We are asked to determine whether Ultra Resources, Inc.'s rejection of a filed-rate contract in bankruptcy relieves it of its obligation to continue performance absent the approval of FERC (the Federal Energy Regulatory Commission). We are also asked to consider whether, under 11 U.S.C. § 1129(a)(6), the bankruptcy court...

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