Cajun Electric Cooperative has lost its request with the Fifth Circuit Court of Appeals for an emergency stay of the appointment of a trustee in bankruptcy. Cajun had claimed a conflict of interest because the proposed trustee, Ralph Maybe, belongs to the Salt Lake City law office of LeBoeuf, Lamb, Greene & McRae, which worked for Entergy and Gulf States Utilities Co. (GSU) on matters concerning the River Bend nuclear plant. Entergy and GSU have been involved in a $2-billion lawsuit with Cajun over the plant since 1989.
U.S. District Judge Frank Polozola has set Maybe's appointment for hearing. Meanwhile, although the Fifth Circuit denied the emergency stay, it had scheduled an expedited hearing on September 25 on whether to appoint any trustee. Cajun would prefer to reorganize itself (the trustee would have authority to displace its board of directors); however, if a trustee is mandated, Cajun would accept Maybe.