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  5. 862 F.2d 1194 (1989)
 

MATTER OF MOODY

Nos. 87-6073, 87-6078.

862 F.2d 1194 (1989)

In the Matter of Shearn MOODY, Jr., Debtor. W. Steve SMITH, Trustee, Appellant, and John S. Greeno, Receiver of Empire Life Insurance Co. of America, Appellant, v. Shearn MOODY, Jr., Appellee. In the Matter of Shearn MOODY, Jr., Debtor. W. Steve SMITH, Trustee, and John S. Greeno, Receiver of Empire Life Insurance Company, Appellants Cross-Appellees, v. Shearn MOODY, Jr., Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied February 16, 1989.

Attorney(s) appearing for the Case

Ben B. Floyd, Bonham, Carrington & Fox, Houston, Tex., for W. Steve smith.

Robert C. Maley, Jr., Craig J. Litherland, Sheinfield, Maley & Kay, Houston, Tex., for John S. Greeno.

Martin Paul Solomon, New York City, for appellee.

Before CLARK, Chief Judge, JOLLY, Circuit Judge, and POLOZOLA, District Judge.

E. GRADY JOLLY, Circuit Judge:

W. Steve Smith, trustee of the bankruptcy estate of Shearn Moody, and John S. Greeno, receiver of the Empire Life Insurance Company of America ("Empire Life"), holding the largest claim against the Moody estate, together appeal from the district court's holdings in two separate cases, first that Moody's homestead designation of certain property survives fraudulent conveyances he made in anticipation of filing bankruptcy,

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