Southmark Corp v. Schulte Roth & Zabel

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

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No. 99-11401

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In The Matter Of: SOUTHMARK CORPORATION Debtor

------------------------- SOUTHMARK CORPORATION Appellee

v.

SCHULTE ROTH & ZABEL Appellant

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Appeal from the United States District Court for the Northern District of Texas, Dallas (3:97-CV-2332-L)

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December 11, 2000

ON PETITION FOR REHEARING

Before KING, Chief Judge, and REYNALDO G. GARZA and PARKER, Circuit Judges.

PER CURIAM:

IT IS ORDERED that the petition for rehearing is granted to the extent that the concluding paragraph of the opinion is amended to read as follows:

For the foregoing reasons, the district court’s decision is AFFIRMED in part and REVERSED in part, and the case is REMANDED to the district court and thence to the bankruptcy court for entry of judgment in favor of Southmark in the amount of $882,587.30 plus interest to be computed as provided by the bankruptcy court. Each party shall bear its own costs of this appeal.