In Re Robert L. Helms Construction and Development Co., Inc., Debtor. Unsecured Creditors' Committee, of Robert L. Helms Construction & Development Co., in the Capacity of a Member of the Unsecured Creditors' Committee in the Case of Robert and Pauline Helms v. Southmark Corporation Helms Sales Committee Wade Ellis Trust Helms Construction, Southmark Corporation Helms Sales Committee Wade Ellis Trust Helms Construction

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In re ROBERT L. HELMS CONSTRUCTION AND DEVELOPMENT CO.,
INC., Debtor.
UNSECURED CREDITORS' COMMITTEE, OF ROBERT L. HELMS
CONSTRUCTION & DEVELOPMENT CO., in the Capacity of
a Member of the Unsecured Creditors'
Committee in the Case of
Robert and Pauline
Helms, Appellant,
v.
SOUTHMARK CORPORATION; Helms Sales Committee; Wade Ellis
Trust; Helms Construction, Southmark Corporation;
Helms Sales Committee; Wade Ellis
Trust; Helms Construction, Appellees.

No. 95-16781.

United States Court of Appeals,
Ninth Circuit.

Aug. 20, 1997.

Prior report: 110 F.3d 1470.

HUG, Chief Judge.

Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.