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MATTER OF QUALITY HOLSTEIN LEASING

No. 84-1175.

752 F.2d 1009 (1985)

In the Matter of QUALITY HOLSTEIN LEASING, Debtor. Timothy J. VINEYARD, Trustee of Quality Holstein Leasing, Inc., Plaintiff-Appellee-Cross-Appellant, v. Clayton McKENZIE, et al., Defendants, Borg-Warner Acceptance Corp., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 19, 1985.

Attorney(s) appearing for the Case

Locke, Purnell, Boren, Laney & Neely, Andrew Barr, Barbara J. Houser, Karen P. Jones, Dallas, Tex., for defendant-appellant-cross-appellee.

Haynes & Boone, Robin E. Phelan, Robert D. Albergotti, Andrew A. Cuomo, Dallas, Tex., for plaintiff-appellee-cross-appellant.

Before GEE, WILLIAMS and JOLLY, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Appellant Borg-Warner Leasing challenges a summary judgment awarded appellee Timothy J. Vineyard, as trustee of the bankruptcy estate of Quality Holstein Leasing, Inc. (QHL). The judgment gave the trustee legal and equitable ownership of property that Borg-Warner claims QHL obtained from one of Borg-Warner's debtors, Clayton McKenzie, in order to defraud Borg-Warner. The bankruptcy and district courts both held that the trustee could...

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