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MATTER OF SOUTHMARK CORP.

No. 96-10320.

163 F.3d 925 (1999)

In the Matter of SOUTHMARK CORPORATION, Debtor. SOUTHMARK CORPORATION, Appellant, v. COOPERS & LYBRAND; Thompson & Knight, Appellees.

United States Court of Appeals, Fifth Circuit.

January 11, 1999.

Attorney(s) appearing for the Case

Charles W. Cunningham, Madonna Cournoyer, McKool Smith, Dallas, TX, Robert B. Krakow, John Edward Medosch, Gibson, Dunn & Crutcher, Dallas, TX, for Appellant.

Judith Elkin, Haynes & Boone, Dallas, TX, Michael Svetkey Feldberg, John P. Stigi, III, Schulte, Roth & Zabel, New York City, for Appellee.

Before JOLLY, JONES and PARKER, Circuit Judges.

EDITH H. JONES, Circuit Judge:

This appeal arises from a malpractice suit filed by Southmark Corporation ("Southmark") against Coopers & Lybrand L.L.P. ("Coopers"), the accountant to the court-appointed Examiner in Southmark's reorganization case under Chapter 11 of the Bankruptcy Code. Southmark filed suit in a Texas state court in April, 1995. Coopers removed the case to the bankruptcy court that had presided over Southmark's reorganization. In an unusual twist...

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