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MATTER OF PHILLIPS

No. 87-1452.

844 F.2d 230 (1988)

In the Matter of Patsy D. PHILLIPS, a/k/a d/b/a Market Fitness, Creekside Plaza, Second Wind, Debtor. PROMENADE NATIONAL BANK, Appellant, v. Patsy D. PHILLIPS, Appellee.

United States Court of Appeals, Fifth Circuit.

May 6, 1988.

Attorney(s) appearing for the Case

Paul W. Brown, David B. Seybold, Dallas, Tex., for appellant.

Mark E. Andrews, Charles S. Fuquay, Laura Worsham, Dallas, Tex., for appellee.

Before TIMBERS, KING, and HIGGINBOTHAM, Circuit Judges.

TIMBERS, Circuit Judge:

Appellant Promenade National Bank (the "Bank") appeals from an order entered May 19, 1987 in the Northern District of Texas, Barefoot Sanders, District Judge. The order dismissed as moot the Bank's appeal from an order of the bankruptcy court denying the Bank's motion to dismiss the petition of the debtor, Patsy D. Phillips ("Phillips"). The Bank had moved to dismiss the debtor's petition on the ground that the debtor was ineligible...

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