REPUBLIC SUPPLY CO. v. SHOAF

No. 86-1541.

815 F.2d 1046 (1987)

REPUBLIC SUPPLY CO., Plaintiff-Appellee, v. Joseph SHOAF, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 4, 1987.


Attorney(s) appearing for the Case

Thomas J. Armstrong, Henry W. Simon, Jr., Simon, Anisman, Doby, Wilson & Skillern, Fort Worth, Tex., for defendant-appellant.

Wesley N. Harris, Kelly, Appleman, Hart & Hallman, Fort Worth, Tex., for plaintiff-appellee.

Before GARWOOD, JOLLY and HILL, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

In this appeal we address the question whether a bankruptcy court's confirmation order which, beyond the statutory grant of the Code, expressly released a third-party guarantor, is to be given res judicata effect. In a previous bankruptcy action, the bankruptcy court confirmed a reorganization plan (the Plan) that released a guaranty executed by the appellant, Dr. Joseph Shoaf, in favor of the creditor, now plaintiff-appellee...

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