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FIRST NAT. BANK OF ANDREWS v. F.D.I.C.

No. MO-88-CA-274.

707 F.Supp. 265 (1989)

FIRST NATIONAL BANK OF ANDREWS v. FEDERAL DEPOSIT INSURANCE CORPORATION, As Receiver of Permian Bank, Odessa, Texas.

United States District Court, W.D. Texas, Midland-Odessa Division.

January 17, 1989.

Attorney(s) appearing for the Case

Susan Ann Richardson, Cotton, Bledsoe, Tighe & Dawson, Midland, Tex., for plaintiff.

Janine O. Hill, Midland, Tex., for intervenor-plaintiff.

Don D. Bush, Tex., Robert J. Clary, Johnson, Bromberg & Leeds, Dallas, Tex., for defendant.

William Franklin Carroll, Bruce L. Collins, III, John Mitchell Nevins, Baker, Mills & Glast, P.C., Dallas, Tex., for Federal Deposit Ins. Corp., as Receiver of First Republic Bank Midland, N.A. amicus.

Stephen Gillham Tipps, Baker & Botts, Houston, Tex., for NCNB Texas Nat. Bank amicus.

MEMORANDUM OPINION ON CROSS MOTIONS FOR SUMMARY JUDGMENT

BUNTON, Chief Judge.

BEFORE THIS COURT are the Cross Motions for Summary Judgment of the parties in the above-numbered cause. This suit has attracted prolific and fine briefing, two Interveners, and the general consternation of everyone connected with the dispute. The issues are novel. Upon review of the Cross Motions for Summary Judgment, arguments of counsel, supporting affidavits, and deposition...

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