MULLINS v. TESTAMERICA, INC.

No. 08-11224.

564 F.3d 386 (2009)

Billy J. MULLINS, Jr.; Faraway Enterprises, Plaintiffs-Appellees-Cross-Appellants, v. TESTAMERICA, INC.; Sagaponack Partners LP, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

March 30, 2009.


Attorney(s) appearing for the Case

J. Stephen Hunnicutt, Hunnicutt Law Firm, Dallas, TX, for Faraway Enterprises, Mullins.

Gregory Scott Coleman, Marc S. Tabolsky, Yetter, Warden & Coleman LLP, Michael P. Lynn, Lynn, Tillotson, Pinker & Cox, LLP, Dallas, TX, for TestAmerica, Inc., Sagaponack Partners, LP.

Before KING, HIGGINBOTHAM, and WIENER, Circuit Judges.


KING, Circuit Judge:

In 1998, Plaintiff Billy Mullins sold all the assets of his company to Defendant TestAmerica, Inc. in exchange for cash and an unsecured promissory note payable to Mullins's company, renamed Faraway Enterprises. TestAmerica's obligation to pay the note was subordinated and subject to the prior payment in full of all of TestAmerica's "debt facilities." TestAmerica fell on hard times, winding up with approximately $50 million in debt. In 2003, TestAmerica...

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