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MATTER OF ROYALE AIRLINES, INC.

No. 95-31137.

98 F.3d 852 (1996)

In the Matter of ROYALE AIRLINES, INC., Debtor. Gene HOWARD, Trustee; Commercial National Bank, Appellants-Cross Appellees, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

November 4, 1996.

Attorney(s) appearing for the Case

Charles S. Weems, III, Charles David Elliott, Gold, Weems, Bruse, Sues & Rundell, Alexandria, LA, for appellants-cross-appellees.

Eugene R. Preaus, Diane Lloyd Matthews, Preaus, Roddy & Krebs, New Orleans, LA, for appellee-cross-appellant.

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

ROBERT M. PARKER, Circuit Judge:

The Appellants, Gene Howard and Commercial National Bank appeal the judgment of the bankruptcy court granting Appellee, Fidelity and Deposit Company of Maryland's, motion for summary judgment as to its liability as surety for former trustee Jerry Bass. The Appellants contended that Bass failed to pursue preference actions before they prescribed causing financial loss to the Appellants. The bankruptcy court based its ruling on two grounds...

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