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IN RE PILLOWTEX, INC.

No. 02-2674.

349 F.3d 711 (2003)

In re: PILLOWTEX, INC. et al. Duke Energy Royal, LLC Appellant v. Pillowtex Corporation, Appellee.

United States Court of Appeals, Third Circuit.

Opinion Filed November 14, 2003.

Attorney(s) appearing for the Case

Eric D. Schwartz, Morris, Nichols, Arsht & Tunnell, Wilmington, Daniel P. Winnika [Argued], Jones, Day, Reavis & Pogue, Dallas, TX, for Appellee.

Brett D. Fallon [Argued], Morris, James, Hitchens & Williams, Wilmington, DE, for Appellant.

Before: ALITO and FUENTES, Circuit Judges and PISANO, District Judge.

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...

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