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MATTER OF HERBY'S FOODS, INC.

No. 92-1703.

2 F.3d 128 (1993)

In the Matter of HERBY'S FOODS, INC., Debtor. SUMMIT COFFEE COMPANY, et al., Appellants, v. HERBY'S FOODS, INC., Appellee.

United States Court of Appeals, Fifth Circuit.

September 20, 1993.

Attorney(s) appearing for the Case

Dennis Olson, Robert M. Nicaud, Jr., Godwin & Carlton, Dallas, TX, for appellants.

Lynnette R. McClellan, Greg Hesse, Jenkens & Gilchrist, Dallas, TX, for appellee.

Before POLITZ, Chief Judge, REYNALDO G. GARZA and JOLLY, Circuit Judges.

POLITZ, Chief Judge:

We review the propriety of a bankruptcy court's equitable subordination of certain creditors' claims to a level equivalent to that of equity stockholders. Finding no infirmity in the bankruptcy court's rulings or in the upholding thereof by the district court, we affirm.

Background

Herby's Foods, Inc. produced and distributed fast foods to convenience stores. The Summit Coffee Company, Inc., Dunnam-Snyder Company, and...

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