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IN RE MORTGAGE INV. CO. OF EL PASO, TEX.

Bankruptcy Nos. 89-30310, 89-30296.

111 B.R. 604 (1990)

In re MORTGAGE INVESTMENT COMPANY OF EL PASO, TEXAS and Elpor, Inc., Debtors.

United States Bankruptcy Court, W.D. Texas, El Paso Division.

February 14, 1990.

Attorney(s) appearing for the Case

Harrel L. Davis, III, Grambling & Mounce, El Paso, Tex., for debtor, Mortg. Inv. Co. of El Paso, Tex.

John P. Melko, Craig J. Litherland and Mitchell A. Seider, Sheinfeld, Maley & Kay, Houston, Tex., for debtor, Elpor, Inc.

Asher Rabinowitz, Stephen Wasinger and John G. Colucci, Honigman, Miller, Schwartz, and Cohn, Houston, Tex., for Heights of Tex., FSB.

Gerald P. Keith, Ginnings, Birkelbach, Keith & Delgado, El Paso, Tex., for Official Committee of Unsecured Creditors.

OPINION

RONALD B. KING, Bankruptcy Judge.

This opinion considers the applicability of the "capital infusion exception" as enunciated in Case v. Los Angeles Lumber Prod. Co., 308 U.S. 106, 60 S.Ct. 1, 84 L.Ed. 110 (1939) and further discussed in Norwest Bank Worthington v. Ahlers, 485 U.S. 197, 108 S.Ct. 963, 99 L.Ed.2d 169 (1988). At issue is whether the controlling shareholder...

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