IN RE COMPUADD CORP.

No. 97-50368.

137 F.3d 880 (1998)

In Re: COMPUADD CORPORATION, Debtor. COMPUADD CORPORATION, Appellee, v. TEXAS INSTRUMENTS INC.; Lexmark International, Inc.; Hart Graphics, Inc.; Diamond Flower Electric Instrument Company, Ltd., Appellants.

United States Court of Appeals, Fifth Circuit.

April 8, 1998.


Attorney(s) appearing for the Case

Craig Howard Averch, Neligan & Averch, Dallas, TX, for Compuadd Corp.

Michael W. Anglin, Fulbright & Jaworski, Dallas, TX, for Lexmark Intern., Inc.

Joseph J. Wielebinski, Dallas, TX, for Texas Instruments, Inc.

Stephen A. Roberts, Robert L. Kaminski, Griggs & Harrison, Austin, TX, for Hart Graphics, Inc.

Stephen W. Sather, Overstreet, Winn & Edwards, Austin, TX, for Diamond Flower Elec. Instrument Co., Ltd.

Before REYNALDO G. GARZA, DUHÉ and STEWART, Circuit Judges.


DUHÉ, Circuit Judge:

The Defendants appeal the district court's remand of a preferential avoidance action. That court determined that the two-year statute of limitations in 11 U.S.C. § 546(a)(1) governing trustees does not apply to such action brought by a debtor-in-possession. For reasons that follow, we reverse the district court's decision and affirm the Bankruptcy Court's dismissals on statutory limitations grounds.

I.

CompuAdd Corporation...

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