David ASKANASE, Trustee; Fitness Corporation of America, Plaintiffs-Appellants,
v.
Tom J. FATJO, et al., Defendants,
Tom J. Fatjo, Jr.; C.A.J.A. Enterprises, Inc.; Bayou Park Club Partnership, A Texas General Partnership; Criterion Research, Inc.; Elstead Investment Co., A Texas General Partnership; Ron Hemelgarn; Air 500 Ltd.; Beechmont Partnership; Coordinated Spa Services, Inc.; Deluxe Office Products; Fitness Research International; Great Lakes Leasing Agency; H & C International; Hemelgarn Racing, Inc.; Management Computer; Newtowne Enterprises, Inc.; Quad Cities Ltd.; Spa One Advertising; Spa Computer; Spa Janatorial; Spa Lady, Inc.; Spa Printing; Twenty-First Century; WHM Enterprises; Watson Melby Hemelgarn Partnership; Westchester Spa Partnership; Ernst & Young, formerly known as Ernst & Whinney; Housprops, Inc., A Texas Corporation; Houstonian Holdings Partnership, A Texas Partnership; Peter M. Jackson; Ahmed Mannai; Fitness Investment N V, A Netherlands Antilles Corporation; Fitness Investment (Texas), Inc., A Texas Corporation; Houstonian Estates Investment Co. N V, A Netherlands Antilles Corporation; Mannai Investment Company, Inc., C, A Delaware Corporation; Xantor, Inc., A Panamanian Corporation; Parkgate Associated Ltd.; Parkgate, Inc., A Corporation; Roger A. Ramsey; John Snideman, doing business as Financial Services Corporation; John Snideman, doing business as Management Accounting, Inc.; Gerald M. H. Stein; Joseph J. Zilber; JZL Ltd., A Nevada Corporation; ZL Company, Inc., A Delaware Corporation; Zilber, Inc.; Zilber Ltd., A Nevada Corporation; Financial Services Corporation; Management Accounting, Inc.; Hfund, Inc.; Corporate Communications Center, Defendants-Appellees.
In the Matter of: LIVINGWELL, INC., Debtor.
David ASKANASE, Trustee, Appellant,
v.
Tom J. FATJO, Jr., Appellee.
In the Matter of: LIVINGWELL (NORTH), INC.; LivingWell (Midwest), Inc., Debtors.
David ASKANASE, Appellant,
v.
M W B LEASING, INC., Appellee.
In the Matter of: LIVINGWELL (MIDWEST), INC.; LivingWell, Inc., Debtors.
David J. ASKANASE, Appellant,
v.
TOWNE REALTY, INC.; Joseph J. Zilber, Appellees.
In the Matter of: LIVINGWELL, INC., Debtor.
David J. ASKANASE, Appellant,
v.
ZILBER LTD.; Joseph J. Zilber, Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
December 23, 1997.
December 23, 1997.
Attorney(s) appearing for the Case
Rhett G. Campbell, Kenneth M. Morris, John S. Brannon, David Allen Furlow, Morris & Campbell, Houston, TX, Andrew L. Jefferson, Jr., Houston, TX, for Plaintiffs-Appellants.
Robert L. Ketchand, Houston, TX, John V. Singleton, Jr., Houston, TX, for Fatjo and Parkgate, Inc.
Leonard Harvey Simon, Todd Jeffrey Zucker, Bouar, Simon & Miller, Houston, TX, for Bayou Park Club Partnership, Elstead Investment Co., Housprops, Inc., Houstonian Holdings Partnership, Jackson, Mannai, Fitness Investment N V, Houstonian Estates Investment, Mannai Investment Co., Inc., Xantor, Inc., Parkgate Associated, Ltd. and Hfund, Inc.
John Wesley Wauson, Wauson & Associates, Houston, TX, for Hemelgarn, Beechmont Partnership, Coordinated Spa Services, Inc., Great Lakes Leasing Agency, H & C International, Hemelgarn Racing, Inc., Newtowne Enterprises, Inc., Quad Cities, Ltd., Twenty-First Century, Snideman and Management Accounting, Inc.
James Andrew Heaton, Ernst & Young, Washington, DC, Melanie A. Gray, Gregory Scott Coleman and Mark Steven Elias, Weil, Gotshal & Manges, Houston, TX, Ralph I. Miller, Weil, Gotshal & Manges, Dallas, TX, for Ernst & Young.
Ronald J. Restrepo, Houston, TX, for Ramsey.
Albert Scott Solochek, Milwaukee, WI, for Stein, Zilber, JZL, Ltd., ZL Co., Inc., Zilber, Inc. and Zilber, Ltd.
Before GARWOOD, DUHÉ and DeMOSS, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
DUHÉ, Circuit Judge:
Appellant, the Bankruptcy Trustee of LivingWell, Inc. and related companies, appeals from a take nothing judgment in favor of the Defendants, Ernst & Young, LivingWell's auditors, and Tom Fatjo et al., who are either former directors, officers, or shareholders of LivingWell, Inc. or separate businesses owned by these officers, directors, or shareholders. The fifteen issues asserted on appeal basically involve five claims. First, the Trustee...
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