IN RE FIRST CAPITAL HOLDINGS CORP.

Bankruptcy No. LA 91-75518-SB. Adv. No. LA 92-01723-SB.

179 B.R. 902 (1995)

In re FIRST CAPITAL HOLDINGS CORP., et al., Debtors. OFFICIAL COMMITTEE OF CREDITORS, Plaintiff, v. SHEARSON LEHMAN BROTHERS HOLDINGS, et al., Defendants.

United States Bankruptcy Court, C.D. California.

March 17, 1995.


Attorney(s) appearing for the Case

H. Lee Godfrey, Parker C. Folse, III, Thomas W. Paterson, Max L. Tribble, Jr. and Kenneth S. Marks of Susman, Godfrey L.L.P., Houston, TX, for creditors committee.

John W. Cotton and Helen L. Duncan of LeBouef, Lamb, Green & MacRay, Los Angeles, CA, for Shearson Lehman Brothers Holdings Inc. and Shearson Lehman Brothers Inc.

Gerald Kerner of Willkie, Farr & Gallagher, New York City, for non-management directors.

Andrew M. White, Eric N. Landau and Shari J. Cohen of Christensen, White, Miller, Fink & Jacobs, Los Angeles, CA, for management directors.


DECISION ON TESTIMONY OF ROBERT WEINGARTEN ON FRAUDULENT TRANSFER CLAIM

SAMUEL L. BUFFORD, Bankruptcy Judge.

I. INTRODUCTION

Defendants Shearson Lehman Brothers Holdings, Inc. and Shearson Lehman Brothers, Inc. (collectively referred to as "Shearson" for the purposes of this opinion) have proffered percipient testimony by defendant Robert Weingarten at the trial on the fraudulent transfer cause of action in this litigation. In this opinion the...

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