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MATTER OF RASH

No. 93-5396.

62 F.3d 685 (1995)

In the Matter of: Elray RASH and Jean Rash, Debtors. ASSOCIATES COMMERCIAL CORPORATION, Appellant, v. Elray RASH and Jean Rash, Appellees.

United States Court of Appeals, Fifth Circuit.

August 16, 1995.

Attorney(s) appearing for the Case

Ben L. Aderholt, Tina Snelling, Hirsch, Glover, Robinson & Sheiness, Houston, TX, for appellant.

Rebecca A. Leigh, Houston, TX, amicus curiae, for M.B.C.C.

Pamela A. Bassel, Dabney D. Bassel, Law, Snakard & Gambill, Fort Worth, TX, Erin B. Shank, Nationsbank of Texas, N.A., Dallas, TX, amicus curiae, for Nationsbank.

John J. Durkay, Mehaffy & Weber, Beaumont, TX, Robert E. Barron, Nederland, TX, for appellee.

Norma L. Hammes, James J. Gold, San Jose, CA, amicus curiae, for Nat. Ass'n. of Consumer Bankruptcy Attys.

Before REYNALDO G. GARZA, SMITH, and PARKER, Circuit Judges.

ON PETITION FOR REHEARING

JERRY E. SMITH, Circuit Judge:

The petition for panel rehearing is DENIED. The opinion, 31 F.3d 325 (5th Cir. 1994), is modified to delete, as dicta, the last portion of part II, beginning with the incomplete paragraph that begins on 31 F.3d at 329, through the end of part II, id. at 331.

In their suggestion for rehearing en banc, which remains pending despite our denial of...

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