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IN RE ATHENS/ALPHA GAS CORP.

No. 12-1555.

715 F.3d 230 (2013)

In re ATHENS/ALPHA GAS CORPORATION, a Texas Corporation, Debtor. Thomas P. Cawley, Appellant, v. Frank Celeste; Robert M. Hallmark & Associates, Inc.; Missouri Breaks, LLC; William R. Austin; Phoenix Energy; Bobby Lankford; Erskine Williams, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 9, 2013.

Attorney(s) appearing for the Case

Robert S. Rau , argued, Minot, ND, for appellant.

Jon R. Brakke , argued, Caren W. Stanley on the brief, Fargo, ND, for appellee.

Before RILEY, Chief Judge, COLLOTON and GRUENDER, Circuit Judges.

COLLOTON, Circuit Judge.

Thomas Cawley, a creditor of Athens/Alpha Gas Corporation, appeals a decision of the Bankruptcy Appellate Panel affirming the bankruptcy court's denial of his motion to determine claims. Following the bankruptcy court's confirmation of the debtor corporation's reorganization plan in 2005, Cawley litigated his claims in North Dakota state court. The Supreme Court of North Dakota held that Cawley's claims were barred under the doctrine of

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