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IN RE NUNNALLY

No. 74-1361.

506 F.2d 1024 (1975)

In the Matter of Roy Stewart NUNNALLY, Bankrupt. Mary Elizabeth NUNNALLY, Appellant-Cross Appellee, v. Roy Stewart NUNNALLY, Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 13, 1975.

Attorney(s) appearing for the Case

Gerard P. Nugent, Austin, Tex., for appellant-cross appellee.

E. O. Rinehart, Jr., Austin, Tex., for appellee-cross appellant.

Before DYER, SIMPSON and GEE, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 13, 1975.

GEE, Circuit Judge:

In October 1972, Roy Stewart Nunnally filed a voluntary petition in bankruptcy. His principal creditor and the one pursuing this appeal is his former wife, Mary Elizabeth Nunnally, whose claim stems from earlier divorce proceedings. In granting divorce, the court had divided the separate and community property between the spouses under the authority of Section 3.63 of the Texas Family...

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