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MATTER OF VITEK, INC.

No. 92-2731.

51 F.3d 530 (1995)

In the Matter of VITEK, INC., Debtor. Charles HOMSY and Ann Homsy, Appellees, v. Ben B. FLOYD, Trustee, Appellant.

United States Court of Appeals, Fifth Circuit.

April 25, 1995.

Attorney(s) appearing for the Case

Randall A. Rios, Keavin D. McDonald, Bonham, Carrington & Fox, Houston, TX, for appellant.

Linda Marshall, Baltimore, MD, for appellees.

Before VAN GRAAFEILAND, SMITH and WIENER, Circuit Judges.

WIENER, Circuit Judge:

Vitek, Inc. (Vitek) and Plaintiffs-Appellees Charles and Ann Homsy (the Homsys), as directors and officers of Vitek, were sued by over 400 plaintiffs, who claimed to have been injured by allegedly defective prostheses manufactured by Vitek. As a result, Vitek filed for bankruptcy protection under Chapter 7. During the ensuing bankruptcy proceedings, Defendant-Appellant Ben B. Floyd (Floyd), the trustee of Vitek's bankruptcy estate (the Estate...

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