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IN RE SOUTHMARK CORP.

Bankruptcy No. 389-36324-SAF-11, Adversary No. 391-3364.

217 B.R. 181 (1997)

In re SOUTHMARK CORPORATION, Debtor. SOUTHMARK CORPORATION, Plaintiff, v. SCHULTE, ROTH & ZABEL, Defendants.

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

March 24, 1997.

Attorney(s) appearing for the Case

Larry Chek, Jenkens & Gilchrist, Dallas, TX, for Plaintiff.

Robin Phelan, Haynes and Boone, L.L.P., Dallas, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

STEVEN A. FELSENTHAL, Bankruptcy Judge.

Southmark Corporation moves the court for a summary judgment under 11 U.S.C. §§ 547 and 550 against Schulte, Roth & Zabel for $1,000,000 plus interest. Schulte, Roth cross-moves for partial summary judgment. The court conducted a hearing on the motions on December 17, 1996.

Summary judgment is proper if the pleadings, depositions, answers to interrogatories...

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