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IN RE MESA INTERCONTINENTAL, INC.

Bankruptcy No. 83-00879-H2-5, Adv. No. 83-1658-H1.

79 B.R. 669 (1987)

In re MESA INTERCONTINENTAL, INC., Debtor. INTERFIRST BANK FANNIN, Plaintiff, v. M. Louis BERNELL, Defendant.

United States Bankruptcy Court, S.D. Texas, Houston Division.

October 6, 1987.

Attorney(s) appearing for the Case

James P. Keenan, Bracewell & Patterson, Houston, Tex., for plaintiff.

Mark C. Harwell, Morris & Campbell, a Professional Corp., Houston, Tex., for defendant.

MEMORANDUM OPINION

MANUEL D. LEAL, Bankruptcy Judge.

Pursuant to a ruling at a hearing on the motion of each party for summary judgment, all matters in this adversary proceeding were resolved except one. The only issues pending before the court are whether the doctrine of marshaling of assets applies, and whether the plaintiff has the duty to marshal assets. This court concludes that marshaling of assets is inappropriate...

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