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MATTER OF ATLAS SUPPLY CORP.

No. 87-2584. Summary Calendar.

857 F.2d 1061 (1988)

In the Matter of ATLAS SUPPLY CORPORATION, Debtor. Gail Lee PETERSON, Plaintiff-Appellant, v. ATLAS SUPPLY CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 21, 1988.

Attorney(s) appearing for the Case

Edmund L. Cogburn, Dow, Cogburn & Friedman, Houston, Tex., for plaintiff-appellant.

Wendell S. Loomis, Loomis & McKenney, Houston, Tex., for Atlas Supply Corp.

Barbara M. Rogers, Houston, Tex., for W. Steve Smith, Trustee.

Before CLARK, Chief Judge, JOHNSON and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Gail Lee Peterson and Lana McLain, independent administratrices of the estate of their father, Garland C. Moss, moved to dismiss the bankruptcy petition of Atlas Supply Corporation ("Atlas"), of which Moss was a director and fifty-percent shareholder, on the grounds that the petition was not validly authorized by the corporation since Moss was in a coma when it was filed. The bankruptcy judge denied the motion, and the district court...

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