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MATTER OF GARNER

No. 94-40688.

56 F.3d 677 (1995)

In the Matter of William L. GARNER, Debtor. William L. GARNER, Appellant, v. Kenneth E. LEHRER, Appellee.

United States Court of Appeals, Fifth Circuit.

June 29, 1995.

Attorney(s) appearing for the Case

Philip I. Palmer, Jr., Palmer & Palmer, Dallas, TX, for appellant.

Robert E. Mangum, Jr., Looper, Reed, Mark & McGraw, Dallas, TX, Jim M. Perdue, Jr., J. Cary Gray, Looper, Reed, Mark & McGraw, Houston, TX, for appellee.

Before KING, GARWOOD, and BENAVIDES, Circuit Judges.

KING, Circuit Judge:

In this case, we are confronted with questions surrounding the preclusive effect of a state court judgment on the dischargeability of a debt in a subsequent federal bankruptcy proceeding. In 1988, Kenneth E. Lehrer filed suit against William L. Garner in Texas state court. Garner answered Lehrer's petition, but Garner failed to respond to Lehrer's request for admissions. The trial of the state court suit was held in November of 1990. Although...

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