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RESOLUTION TRUST CORP. v. SMITH

Nos. 94-20087, 94-20405, 94-20339, 94-20221 and 94-20387.

53 F.3d 72 (1995)

RESOLUTION TRUST CORPORATION as Conservator for Heritage Federal Savings Bank, Plaintiff-Appellee, v. Dalton SMITH, et al., Defendants-Appellants. RESOLUTION TRUST CORPORATION as Conservator for Heritage Federal Savings Bank, Plaintiff-Appellee, v. Dalton SMITH, and Patricia Smith, Defendants-Appellants. In re Richard FUQUA, Petitioner.

United States Court of Appeals, Fifth Circuit.

May 11, 1995.

Attorney(s) appearing for the Case

Maurice Bresenhan, Jr., Campbell, Zukowski, Bresenhan & Woods, Houston, TX, for Dalton Smith, et al. in Nos. 94-20087, 94-20405.

Walter Clay Cooke, Brown, McCarroll & Oaks Hartline, Houston, TX, P. Matthew Sutko, Washington, DC, for Resolution Trust Corp.

Maurice Bresenhan, Jr., Campbell, Zukowski, Bresenhan & Woods, Houston, TX, for Dalton and Patricia Smith in Nos. 94-20221, 94-20339.

Larry D. Knippa, Houston, TX, for Richard Fuqua.

Before KING, EMILIO M. GARZA and DeMOSS, Circuit Judges.

KING, Circuit Judge:

These consolidated appeals stem from the efforts of the Resolution Trust Corporation, acting in its capacity as conservator of Heritage Bank, to collect a judgment from Dalton and Patricia Smith. Shortly after the Resolution Trust Corporation registered the judgment and noticed the Smiths' depositions in aid of judgment, the Smiths pledged stock which constituted a substantial portion of their assets to their attorney, Richard Fuqua, to secure...

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