United States Fifth Circuit

In a natural gas producer's conversion action against Duke Energy company arising out of certain natural gas sales, summary judgment for Duke is affirmed where: 1) there was federal jurisdiction over the action; 2) Duke's removal was not untimely; 3) the district court was not required to abstain from adjudicating the case by the mandatory abstention provision applicable to non-core bankruptcy proceedings; 4) the producer's claim was not directed against the debtors' property and was not subject to an automatic stay; and 5) although the producer arguably had a lien on the gas and the proceeds from Duke's resale thereof, it could not recover its alleged security interest through an action for conversion against Duke.

Appellate Information

• Decided 03/28/2007
• Published 03/29/2007

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, BENAVIDES and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Stephen G. Tipps, Amy Lewis Champagne (argued), Baker Botts, Barry Allan Brown (argued), Houston, TX, Michael Chipoh Li, Baker Botts, Dallas, TX, Robert C. Thomas, Edge Petroleum Exploration, Houston, TX, for Appellant., Patrick J. Neligan, Jr., Neligan, Tarpley, Andrews & Foley, Dallas, TX, for GPR Holdings, LLC., Larry A. Levick, Gerard, Singer & Levick, Addison, TX, for Aurora Natural Gas LLC., John Carlton Wynne (argued), James Franklin Donnell, Andrews Kurth, Houston, TX, Jason S. Brookner, Andrews & Kurth, Dallas, TX, for Duke Energy Trading & Marketing LLC., Christopher J. Moser, Quilling, Selander, Cummiskey & Lownds, Dallas, TX, for Golden Prairie Supply Services LLC.