No. 03-51252.

394 F.3d 347 (2004)

In the Matter of: Shailesh GUPTA, Debtor. Shailesh Gupta, Appellant, v. Eastern Idaho Tumor Institute, Inc., Appellee.

United States Court of Appeals, Fifth Circuit.

December 17, 2004.

Attorney(s) appearing for the Case

Stephen W. Sather (argued), Barron & Newburger, Austin, TX, for Appellant.

David Charles Alford (argued), Waco, TX, Philip Dermot Rigg, Rigg & Greer, Sugar Land, TX, for Appellee.

Before REAVLEY, JONES and DENNIS, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Dr. Shailesh Gupta sought Chapter 7 bankruptcy relief after a judgment was obtained against him in Texas state court for his "breach of fiduciary duty" against a co-joint venturer. The question before this court is whether collateral estoppel applies to bar relitigation of the facts and to compel a conclusion that the judgment was a non-dischargeable debt for "fraud or defalcation while acting in a fiduciary capacity ..." 11 U.S.C. ...

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