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IN RE CPDC, INC.

No. 02-20197.

337 F.3d 436 (2003)

In the Matter of: CPDC, INC., Debtor. Joseph Zer-Ilan; Ideal Systems, Inc., Appellees, v. Gary Frankford; CPDC, Inc., Appellants.

United States Court of Appeals, Fifth Circuit.

July 1, 2003.

Attorney(s) appearing for the Case

Kimberly R. Phillips (argued), Gardere Wynne Sewell, Houston, TX, Cynthia C. Hollingsworth, John Carroll Nabors, Gardere Wynne Sewell, Dallas, TX, for Appellees.

Leonard Harvey Simon (argued), Hughes, Watters & Askanase, Houston, TX, for Appellants.

Before JONES, WIENER, and DeMOSS, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Gary Frankford and CPDC, Inc. (collectively "CPDC") sued Joseph Zer-Ilan and Ideal Systems, Inc. in bankruptcy court for violations of the Texas usury statute. They won a substantial judgment in the bankruptcy court, but the district court reversed. The principal issue on appeal is whether Zer-Ilan and Ideal timely cured alleged usury violations, bringing them within the safe harbor afforded by Tex. Fin.Code Ann. § 305.103. Finding...

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