IN THE MATTER OF DAVIS

No. 00-50589.

253 F.3d 807 (2001)

In the Matter of David Lee Davis, Debtor. Safeway Managing General Agency, Inc. for State and County Mutual Fire Insurance Co., Appellant, v. Randolph Osherow, Trustee; James Baker, Individually and as Temporary Guardian of the Estate of David Baker, an Incapacitated Person; and Lele Baker, Appellees.

United States Court of Appeals, Fifth Circuit.

June 7, 2001.


Attorney(s) appearing for the Case

Eric Jay Taube (argued), Hohmann & Taube, Austin, TX, Robert Lawrence Grover, Grover & Bruce, Houston, TX, for Appellant.

Joseph David Martinec, Langley & Banack, Jerry Galow (argued), Watson, Bishop, London & Galow, Austin, TX, for Appellees.

Before GARWOOD, PARKER, and DENNIS, Circuit Judges.


ROBERT M. PARKER, Circuit Judge:

Appellant Safeway Managing General Agency, Inc., appeals the district court's judgment affirming the bankruptcy court's judgment declaring that a cause of action pursuant to G.A. Stowers Furniture Co. v. American Indemnity Co., 15 S.W.2d 544 (Tex. Comm'n App.1929, holding approved), against Appellant exists in the property of the bankruptcy estate pursuant to 11 U.S.C. § 541. Because we conclude that such cause of action...

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