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MAIZ v. VIRANI

No. 01-10292.

311 F.3d 334 (2002)

Jose MAIZ; Alfonso Aldape Lopez, Margaret Griffiths De Aldape, Alfonso Aldape Griffiths; Alejandra Aldape Griffiths, et. al., Plaintiffs-Appellees, Richard M. Hull, Receiver, Appellee, v. Amir VIRANI, et al., Defendants, Sanig Investments Limited and Tres Vidas Investments Limited, Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 23, 2002.

Attorney(s) appearing for the Case

Phillip W. Offill, Jr. (argued), Krage & Janvey, Dallas, TX, for Appellee.

John Matney Harmon (argued), Steven D. Smit, Graves, Dougherty, Hearon & Moody, Austin, TX, for Plaintiffs-Appellees.

A. Federico Longoria, III (argued), Hall, Quintanilla & Alarcon, Laredo, TX, for Appellants.

Before JONES, WIENER, and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

This case requires us to consider whether a federal district court can utilize the Texas turnover statute to adjudicate the property rights of a non-judgment debtor corporation not properly before the court so long as the district court makes a factual finding that the corporation is subject to the judgment debtor's control. We find that the Texas turnover statute cannot be utilized to adjudicate the substantive property rights of...

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