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MID CITY MANAGEMENT CORP. v. LOEWI REALTY CORP.

No. 80-1158.

643 F.2d 386 (1981)

MID CITY MANAGEMENT CORP. et al., Plaintiffs-Appellants, v. LOEWI REALTY CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A.

Rehearing Denied June 3, 1981.

Attorney(s) appearing for the Case

Coplin & Ruhe, Gerald R. Coplin, Richardson, Tex., for Ballato.

Shank, Irwin, Conant, Williamson & Grevelle, A. B. Conant, Jr., Dallas, Tex., for defendant-appellee.

Before GEE, TATE and WILLIAMS, Circuit Judges.

TATE, Circuit Judge:

This Texas diversity action raises on appeal the issue of the validity of a foreclosure sale by state proceedings held in contravention of a federal bankruptcy court stay order. The stay was subsequently declared by a federal circuit court to have been issued without statutory authorization. The essential issue is whether, under state (Texas) law, the foreclosure sale is valid. No issue of federal bankruptcy law is implicated, because, in the...

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