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MATTER OF SIMS

Nos. 92-3212, 92-3213.

994 F.2d 210 (1993)

In the Matter of Earl SIMS, Jr., Debtor. SUBWAY EQUIPMENT LEASING CORPORATION, Subway Restaurants, Inc., and Subway Sandwich Shops, Inc., Appellants-Cross-Appellees, v. Earl SIMS, Jr., Appellee-Cross-Appellant. In the Matter of Dorothy SIMS, Debtor. SUBWAY EQUIPMENT LEASING CORPORATION, Subway Restaurants, Inc., and Subway Sandwich Shops, Inc., Appellants-Cross-Appellees, v. Dorothy SIMS, Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

June 21, 1993.

Attorney(s) appearing for the Case

Daniel K. Rester, Richard B. Easterling, Hoffman, Sutterfield, Ensenat & Bankston, Baton Rouge, LA, for appellants-cross-appellees.

James E. Ferguson, Baton Rouge, LA, for appellee-cross-appellant.

Before DUHÉ and BARKSDALE, Circuit Judges, and HUNTER, District Judge.

BARKSDALE, Circuit Judge:

Principally at issue is whether, and when, a creditor corporation filing an involuntary bankruptcy petition under 11 U.S.C. § 303 may be held to be the alter ego of another, and thus not considered a requisite separate entity for filing purposes. The district court held, inter alia, that the three petitioning corporations—Subway Equipment Leasing Corporation (SEL), Subway Restaurants, Inc. (SRI), and Subway Sandwich Shops...

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