United States Fifth Circuit

In the bankruptcy context, the necessity of a service is what creates a "special" relationship between a debtor and a utility. A judgment in favor of Time Warner Cable in a bankruptcy case involving efforts by a debtor to reinstate his television cable service is affirmed where Time Warner Cable was not a utility as contemplated by section 366 of the Bankruptcy Code.

Appellate Information

• Decided 11/14/2006
• Published 11/14/2006

Judges

• CARL E. STEWART, Circuit Judge:, Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Alexander Bernard Wathen (argued), Kubosh & Associates, Houston, TX, for Darby.


• For Appellees:
  
• Thomas M. Gregor (argued), Ogden, Gibson, Broocks & Longoria, Houston, TX, for Appellee.