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MATTER OF T-H NEW ORLEANS LTD. PARTNERSHIP

Nos. 92-3941, 92-3942, 92-3959 and 92-3983.

10 F.3d 1099 (1993)

In the Matter of T-H NEW ORLEANS LIMITED PARTNERSHIP, Debtor. T-H NEW ORLEANS LIMITED PARTNERSHIP, Appellee, v. FINANCIAL SECURITY ASSURANCE, INC., Appellant. In the Matter of T-H NEW ORLEANS LIMITED PARTNERSHIP, Debtor. T-H NEW ORLEANS LIMITED PARTNERSHIP, Appellant, v. FINANCIAL SECURITY ASSURANCE, INC., Appellee.

United States Court of Appeals, Fifth Circuit.

December 17, 1993.

Attorney(s) appearing for the Case

Eugene R. Preaus, T. Rose Young, Preaus, Roddy & Krebs, New Orleans, LA, for Financial Sec. Assur., Inc.

Rudy J. Cerone, McGlinchey, Stafford Lang, Baton Rouge, LA, B. Franklin Martin, III, Michael H. Rubin, McGlinchey, Stafford, Lang, New Orleans, LA, for T-H New Orleans Ltd. Partnership.

Before EMILIO M. GARZA, and DeMOSS, Circuit Judges, and ZAGEL, District Judge.

DeMOSS, Circuit Judge:

On its own motion, the Court withdraws the opinion issued in this case dated October 7, 1993, and substitutes the following:

I. FACTS AND PROCEDURAL HISTORY

In 1988, TH-New Orleans Limited Partnership (TH-NOLP), a hotel partnership, acquired its major asset, the Days Inn Hotel on Canal Street in New Orleans, Louisiana (the Hotel). In 1989, TH-NOLP sought to restructure the underlying mortgage debt on the Hotel through a mortgage...

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