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IN RE MCORP FINANCIAL, INC.

Civ. A. No. H-90-2929.

170 B.R. 899 (1994)

In re MCORP FINANCIAL, INC., MCorp Management, and MCorp, Debtors. UNITED STATES of America, Movant, v. MCORP FINANCIAL, INC., MCorp Management, MCorp, Federal Deposit Insurance Corporation, Unsecured Creditors Committee, and Bank One, Texas, Respondents.

United States District Court, S.D. Texas, Houston Division.

July 18, 1994.

Attorney(s) appearing for the Case

Allan Brent Diamond, Houston, TX, for debtor MCorp.

Lynne Liberato, Houston, TX, for Bank One, Texas.

Brooke E. Smith, Houston, TX, for FDIC.

Waymon DuBose, Dept. of Justice, Tax Div., Dallas, TX, for U.S.

DISBURSEMENT OF INTERPLEADER

HUGHES, District Judge.

1. Introduction.

With one hundred yards to go in a marathon, the winning creditors in this bankruptcy have turned the final corner only to find another participant in front of them — an indifferent runner who appeared to have dropped out long ago. Like Rosie Ruiz in the Boston Marathon, Bank One wants to share in the winnings by starting, disappearing half-way, and showing up mysteriously...

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