Fulk v. Gay

Fred M. Pickens, Special Judge,

dissenting. Unable to concur in the decision reached by the majority of this court, and without unduly extending the record, I would like to present the minority’s views.

We agree with the majority that this decision turns upon an interpretation of the trust indenture, the Federal Bankruptcy Court Order, and the Proposal (referred to as the “Amendment and Substituted Proposal”) since all are integral parts of the same agreement and transaction even though executed at different times. We, too, think the purposes and intention of the parties can be discovered from…