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MATTER OF GASMARK LTD.

No. 98-20941.

193 F.3d 371 (1999)

In The Matter of GASMARK LTD., Debtor. Brenda Herod, Appellant, v. Southwest Gas Corporation, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 1, 1999.

Attorney(s) appearing for the Case

John Anson Lee (argued), David A. Zdunkewicz, Andrews & Kurth, Houston, TX, for Appellant.

Kaaran E. Thomas (argued), Beckley, Singleton, Jemison, Cobeaga & List, Las Vegas, NV, for Appellee.

Before REYNALDO G. GARZA, HIGGINBOTHAM and DAVIS, Circuit Judges.

Rehearing En Banc Denied December 1, 1999.

W. EUGENE DAVIS, Circuit Judge:

The Chapter 11 bankruptcy trustee ("Trustee") for Gasmark Ltd. ("Gasmark") appeals the district court's judgment allowing Southwest Gas Corporation ("Southwest") to reduce its indebtedness to Gasmark by more than $500,000. More particularly, the Trustee challenges the bankruptcy court's acceptance of Southwest's recoupment claim for liquidated damages that Southwest asserted was owed...

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