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IN RE O'CONNOR

No. 00-31109.

258 F.3d 392 (2001)

In the Matter of: Mickey O'CONNOR, Debtor. Harry C. Stumpf, Appellee, v. Frank W. McGee, Appellant, v. John F. Stumpf, Jr., Lincoln T. Case, Appellees.

United States Court of Appeals, Fifth Circuit.

July 16, 2001.

Attorney(s) appearing for the Case

Harry C. Stumpf, Gretna, LA, pro se.

Douglas S. Draper, Constant G. Marquer, III (argued), Heller, Draper, Hayden, Patrick & Horn, New Orleans, LA, for McGee.

Peter J. Butler, Jr. (argued), Richard G. Passler, Breazeale, Sachse & Wilson, New Orleans, LA, for John F. Stumpf, Jr.

David J. Messina (argued), Gordon, Arata, McCollam, Duplantis & Eagan, New Orleans, LA, for Case.

Before GARWOOD, HALL and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

For this Chapter 11 bankruptcy case, the executory partnership agreement at issue having been neither expressly assumed nor rejected, of primary concern is whether the Trustee is substituted for the Debtor as a partner and can maintain an action against the other partners for violations of transfer restrictions in the agreement and for distributions concerning those transfers, including whether the agreement was assumable under...

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