UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

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No. 00-10427

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In The Matter Of: BILLY RAY DELP, JR.,

Debtor,

BILLY RAY DELP, JR.,

Appellant,

versus

7HBF, LTD; NU-WAY, INC; NU-WAY OIL CO; NU-WAY DISTRIBUTING COMPANY,

Appellees.

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Appeal from the United States District Court for the Northern District of Texas Civil Docket #4:97-CV-1007-Y _________________________________________________________________ January 12, 2001

Before JONES and DeMOSS, Circuit Judges and BARZILAY*, District Judge.

PER CURIAM:**

* Judge, U.S. Court of International Trade, sitting by designation. ** Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Having reviewed the briefs and pertinent portions of the

record and heard oral arguments, we conclude that the judgments of

the bankruptcy and district courts should be AFFIRMED.

See Fifth Circuit Rule 47.6.