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  5. 205 B.R. 823 (1997)
 

IN RE JOHNSON SOUTHWEST, INC.

Civil Action No. 3:96-CV-0583-D, Bankruptcy No. 390-38843-RCM-11, Adv. No. 393-3704.

205 B.R. 823 (1997)

In re JOHNSON SOUTHWEST, INC., Debtor. JOHNSON SOUTHWEST, INC., Plaintiff-Appellee-Cross-Appellant, v. HARBERT ENERGY CORP., Defendant-Appellant-Cross-Appellee.

United States District Court, N.D. Texas, Dallas Division.

March 4, 1997.

Attorney(s) appearing for the Case

Richard G. Dafoe of Vial, Hamilton, Koch & Knox, L.L.P., Dallas, TX, for defendant-appellant-cross-appellee.

Barbara K. Hoffman-Hill, Dallas, TX, for plaintiff-appellee-cross-appellant.

FITZWATER, District Judge:

This appeal and cross-appeal from a bankruptcy court judgment awarding a post-confirmation debtor a recovery for a preferential transfer presents the questions whether the action was time-barred under the pre-1994 version of 11 U.S.C. § 546(a)(1), and whether the limitations period was equitably tolled. The court reverses the judgment of the bankruptcy court.

I

In December 1990 various creditors of plaintiff-appellee...

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