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IN RE WAKEFIELD

No. CIV.A. 3:03-CV-0074-D. Bankruptcy No. 01-32889-RCM-7. Adversary No. 01-3697.

293 B.R. 372 (2003)

In re Daniel Alan WAKEFIELD, Debtor. Daniel Alan Wakefield, Plaintiff-Appellee, v. SWS Securities, Inc., f/k/a Southwest Securities, Inc., Defendant-Appellant.

United States District Court, N.D. Texas, Dallas Division.

May 27, 2003.

Attorney(s) appearing for the Case

Durwood D. Crawford, Dane S. Field, Goins, Underkofler, Crawford & Langdon, L.L.P., Dallas, Texas, for plaintiff-appellee.

Brian J. Hurst, Baker & McKenzie, Dallas, Texas, for defendant-appellant.

FITZWATER, District Judge.

The bankruptcy court awarded plaintiff-appellee Daniel Alan Wakefield ("Wakefield") damages under 11 U.S.C. § 525(b) and Texas libel law after finding that defendant-appellant Southwest Securities, Inc. ("SWS") had terminated his employment solely because he had filed for bankruptcy and had given false reasons in a Form U-5 for discharging him. The bankruptcy court rejected SWS's reliance on the defense of judicial estoppel to bar Wakefield...

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