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IN RE PERRY

No. 02-50448.

345 F.3d 303 (2003)

In the Matter of: Robert D. PERRY, Debtor. Robert D. Perry, Appellee, v. Dennie Dearing; Ellen Dearing; The Bank and Trust, SSB, formerly Del Rio Bank and Trust Company, Appellants.

United States Court of Appeals, Fifth Circuit.

Filed September 4, 2003.

Attorney(s) appearing for the Case

Steven G. Cennamo (argued), San Antonio, TX, for Perry.

Benjamin R. Bingham (argued), Bingham & Lea, San Antonio, TX, for the Dearings.

Jerry T. Steed (argued), Baucum, Steed & Barker, San Antonio, TX, for Bank and Trust, SSB.

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

BENAVIDES, Circuit Judge:

This factually complex bankruptcy case asks us to determine whether a debtor is entitled to exempt from claims of creditors approximately 85 acres of rural property upon which he lives and operates a mobile home park, by claiming it as his rural homestead.

I. Background

In 1980, Robert Perry, and his wife Estella,1 purchased an approximately 26-acre tract of land six miles outside of Del Rio...

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