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MATTER OF FENDER

No. 92-4967.

12 F.3d 480 (1994)

In the Matter of Harris R. FENDER, Jr., David M. Fender and Zapata Partnership, Ltd., Debtors. TRANSAMERICAN NATURAL GAS CORPORATION, Appellant-Cross Appellee, v. ZAPATA PARTNERSHIP, LTD., Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 15, 1994.

Attorney(s) appearing for the Case

John Nabors, Cynthia Hollingsworth, Richard E. Miller, Gardere & Wynne, Dallas, TX, Keith Dollahite, Hardy & Atherton, Michael A. Hatchell, Ramey & Flock, P.C., Tyler, TX, Stacy R. Obenhaus, Gardere & Wynne, Dallas, TX, for appellant.

David W. Elrod, Thomas C. Jones, Calhoun, Gump, Spillman & Stacy, P.C., Dallas, TX, for appellee.

Before REYNALDO G. GARZA, KING and DeMOSS, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

TransAmerican Natural Gas Corporation appeals the bankruptcy and district courts' interpretation of a settlement agreement between it and Zapata Partnership, LTD. We AFFIRM the bankruptcy court in all respects, except we REVERSE the bankruptcy court's conclusion that TransAmerican owed Zapata a duty of good faith and fair dealing, and the amount of attorneys' fees it awarded Zapata. If the bankruptcy court based any of Zapata's damages...

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