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MATTER OF NAT. GYPSUM CO.

No. 96-10357.

123 F.3d 861 (1997)

In the Matter of NATIONAL GYPSUM COMPANY, Debtor. DONALDSON LUFKIN & JENRETTE SECURITIES CORPORATION, Appellant, v. NATIONAL GYPSUM COMPANY, Appellee.

United States Court of Appeals, Fifth Circuit.

October 8, 1997.

Attorney(s) appearing for the Case

Gregory Mark Gordon, Barbara Jean Oyer, Jones, Day, Reavis & Pogue, Dallas, TX, for Appellant.

Boe Willis Martin, Bell & Nunnally, Dallas, TX, for Appellee.

Before REAVLEY, BARKSDALE and STEWART, Circuit Judges.

REAVLEY, Circuit Judge:

Donaldson Lufkin and Jenrette Securities Corp. (DLJ), retained by National Gypsum Company in its Chapter 11 bankruptcy reorganization, appeals the district court's affirmance of the bankruptcy court's fee order reducing the final DLJ fee from $2,400,000 to $2,000,000. Because we read the bankruptcy court's initial order to approve an agreed fee for DLJ, the court was required to follow § 328 instead of § 330 of the Bankruptcy Code...

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