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In Re: Pillowtex, Inc. Duke Energy Royal, LLC v. Pillowtex Corporation

Court of Appeals for the Third Circuit

Decided November 14, 2003No. 02-2674PublishedCited by 51 opinions

1Opinion of the Court

OPINION OF THE COURT

FUENTES, Circuit Judge.

Duke Energy Royal LLC (“Duke”) appeals from an order of the District Court denying a motion to compel Pillowtex Corporation (“Pillowtex” or “debtor”) to make lease payments owing under the Master Energy Services Agreement (“MESA”), an agreement its predecessor entered into with Pillowtex. 1 The District Court denied Duke’s motion on the grounds that the MESA was not a true lease, but rather a secured financing arrangement. The sole issue in this appeal is whether the District Court correctly determined that the MESA entered into between Pillowtex and…

2Cases cited10 opinions

  1. In Re Continental Airlines, Inc., Debtors, Continental Airlines, Inc.Court of Appeals for the Third Circuit · 1991
  2. In Re: Leah Beth Woskob, Debtor Alex Woskob Helen Woskob the Estate of Victor Woskob v. Leah Beth WoskobCourt of Appeals for the Third Circuit · 2002
  3. In Re Edison Bros. Stores, Inc.United States Bankruptcy Court, D. Delaware · 1997
  4. Banterra Bank v. Subway Equipment Leasing Corp. (In Re Taylor)United States Bankruptcy Court, S.D. Illinois · 1997
  5. In Re OwenUnited States Bankruptcy Court, N.D. New York · 1998

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3Cited by51 opinions

  1. In Re: Tracey L. SchickCourt of Appeals for the Third Circuit · 2005
  2. United Airlines, Inc. v. Hsbc Bank Usa, N.A., as Trustee, and California Statewide Communities Development AuthorityCourt of Appeals for the Seventh Circuit · 2005
  3. 500 James Hance Court v. Pennsylvania Prevailing Wage Appeals BoardSupreme Court of Pennsylvania · 2011
  4. In Re Grubbs Construction Co.United States Bankruptcy Court, M.D. Florida · 2005
  5. Worldcom, Inc. v. General Electric Global Asset Management Services (In Re Worldcom, Inc.)United States Bankruptcy Court, S.D. New York · 2006

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