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MATTER OF D & F CONST. INC.

No. 87-1903.

865 F.2d 673 (1989)

In the Matter of D & F CONSTRUCTION INC., Debtor. FEDERAL SAVINGS & LOAN INS. CORP. as Conservator for Mercury Savings Association of Texas and Ben Milam Savings and Loan Association, Appellant, v. D & F CONSTRUCTION, INC., Appellee.

United States Court of Appeals, Fifth Circuit.

February 17, 1989.

Attorney(s) appearing for the Case

Erin Y. Baker, Dallas, Tex., Keith P. Ellison, Mary Millwood Gregory, Houston, Tex., Michael A. McConnell, Fort Worth, Tex., for appellant.

Tim Truman, Fort Worth, Tex., for appellee.

Before CLARK, Chief Judge, TIMBERS and RUBIN, Circuit Judges.

CLARK, Chief Judge:

This is a Chapter 11 bankruptcy case. D & F Construction, Inc., ("the debtor"), proposed a Chapter 11 plan of reorganization to which only Mercury Savings Association of Texas and Ben Milam Savings and Loan Association ("Mercury/Milam") objected. The bankruptcy court confirmed the debtor's plan over Mercury/Milam's objection under the "cram-down" provisions of 11 U.S.C. § 1129(b). The district...

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