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MATTER OF SOUTHMARK CORP.

No. 94-10774.

62 F.3d 104 (1995)

In the Matter of SOUTHMARK CORPORATION, Debtor. SOUTHMARK CORPORATION, Plaintiff-Appellant, v. D. Vinson MARLEY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 30, 1995.

Attorney(s) appearing for the Case

Greg Getty Hesse, Jenkens & Gilchrist, Dallas, TX, for appellant.

Rosa Maria Orenstein, Orenstein & Simmons, Dallas, TX, for appellee.

Before LAY, DUHÉ and DeMOSS, Circuit Judges.

ON PETITION FOR REHEARING

DUHÉ, Circuit Judge:

We deny Appellant's motion for rehearing, but we vacate our previous opinion, 55 F.3d 1071 (5th Cir.1995), and substitute the following:

Southmark Corporation, as debtor-in-possession, sought to recover its $400,000 pre-petition payment to D. Vinson Marley in an adversary proceeding under Sections 547 and 548 of the Bankruptcy Code. The bankruptcy...

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