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MATTER OF GREYSTONE III JOINT VENTURE

No. 90-8529.

995 F.2d 1274 (1991)

In the Matter of GREYSTONE III JOINT VENTURE, Debtor. PHOENIX MUTUAL LIFE INSURANCE COMPANY, Appellant, v. GREYSTONE III JOINT VENTURE, Appellee.

United States Court of Appeals, Fifth Circuit.

On Petition for Rehearing and Suggestion for Rehearing February 27, 1992.

Attorney(s) appearing for the Case

Larry Lesh, John Flowers, Neil L. Sobol, Louis Taylor, Locke, Purnell, Rain & Harrell, Dallas, TX, for appellant.

William B. Finkelstein, Jack F. Williams, Basil H. Mattingly, Hughes and Luce, Dallas, TX, for amicus Teacher Retirement System of Texas, et al.

Christopher F. Graham, Thacher, Proffitt & Wood, New York City, for amicus Amer. CNS of Life Ins., et al.

Adrian M. Overstreet, Stephen W. Sather, Overstreet, Winn & Edwards, Austin, TX, for debtor and appellee.

Before REYNALDO G. GARZA, POLITZ, and JONES, Circuit Judges.

On Petition for Rehearing and Suggestion for Rehearing En Banc February 27, 1992.

EDITH H. JONES, Circuit Judge:

This appeal pits a debtor whose only significant asset is an office building in the troubled Austin, Texas real estate market against a lender who possesses a multi-million dollar lien on the property. After obtaining bankruptcy relief under Chapter 11, Greystone III proposed a "cramdown" plan of reorganization, hoping to force a writedown of over...

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