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IN RE POWELL

Nos. 5:10-BK-06255-JJT, 3:13-CV-00035

In re: MARK POWELL and POWELL DEVELOPMENT COMPANY, INC., Chapter 12 Debtors. CHESAPEAKE APPALACHIA, LLC and STATOIL USA ONSHORE PROPERTIES, INC., Appellants, v. MARK POWELL and POWELL DEVELOPMENT COMPANY INC., Appellees.

United States District Court, M.D. Pennsylvania.

November 10, 2015.

Attorney(s) appearing for the Case

Chesapeake Appalachia,LLC, Appellant, represented by Andrew L. Swope , K&L Gates LLP & George A. Bibikos , Cozen O'Connor.

Statoil USA Onshore Properties, Inc., Appellant, represented by Andrew L. Swope , K&L Gates LLP & George A. Bibikos , Cozen O'Connor.

Mark J Powell, Appellee, represented by David A. Colecchia , Law Care, David A. Colecchia and Associates & Arthur D. Agnellino , Abrams & Agnellino.

Pennsylvania Independent Oil & Gas Association, Amicus, represented by Kevin Jon Moody , Pennsylvania Independent Oil & Gas Association.

William G. Schwab, Trustee, represented by Adam R Weaver , Law Office of Adam R. Weaver, Esquire & William G. Schwab , William G. Schwab & Associates.

United States Trustee, Trustee, represented by Anne K. Fiorenza , Office of the United States Trustee.

ORDER

AND NOW, THIS 10th DAY OF NOVEMBER, 2015, upon consideration of the above-captioned creditors' appeal from the Bankruptcy Court's decision of September 18, 2012, IT IS HEREBY ORDERED THAT:

1. The Bankruptcy Court's decision is VACATED insofar as it holds that the...

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