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  5. 756 F.Supp. 984 (1990)
 

FDIC v. TEXAS COUNTRY LIVING, INC.

No. 9:89 CV 16.

756 F.Supp. 984 (1990)

FEDERAL DEPOSIT INSURANCE CORPORATION, As Manager of the FSLIC Resolution Fund, As Successor to the FSLIC, and As Receiver for Home Savings and Loan Association of Lufkin, Texas, Plaintiff, v. TEXAS COUNTRY LIVING, INC., Ted R. Burkhart, Kenneth Barner, Texas Country Living Partnership and C.C. Armstrong, Defendants. BLUEBONNET SAVINGS BANK, FSB f/k/a Consolidated Federal Savings Bank, FSB, Intervenor, v. TEXAS COUNTRY LIVING, INC., Ted R. Burkhart, Kenneth Barner, Texas Country Living Partnership, and C.C. Armstrong, Intervention Defendants.

United States District Court, E.D. Texas, Lufkin Division.

December 17, 1990.

Attorney(s) appearing for the Case

American Arbitration Ass'n, Kip Gibson, Dallas, Tex., pro se.

Michael A. Barragan, Gardere & Wynne, Dallas, Tex., for FSLIC, receiver and Federal Deposit Ins. Corp., as manager-receiver for FSLIC Resolution Fund for Home Sav. & Loan Ass'n, receiver.

Donald Wayne Cothern, Ramey Flock Jeffus Crawford Harper & Collins, P.C., Tyler, Tex. and Wayne William Bost, Winstead Sechrest & Minick P.C., Dallas, Tex., for Home Sav. and Loan Ass'n, plaintiff and Consol. Federal, intervenor-plaintiff.

Charles David Porter, Porter & Duran, Lufkin, Tex., for Ted R. Burkhart, Kenneth Barner and Texas Country Living, defendants.

Robert Quentin Keith, Keith & Keith; Mehaffy, Weber, Keith & Gonsoulin, Johnson City, Tex., for C.C. Armstrong and Texas Country Living Partnership, defendants.

MEMORANDUM OPINION

JUSTICE, District Judge.

Bluebonnet Savings Bank, FSB, the successor of the failed Home Savings and Loan Association of Lufkin, Texas, seeks summary judgment to enforce payment of the principal and interest owing on a promissory note in the amount of $2,100,000, to enforce payment of a guaranty of the note, and to foreclose on the security for the note, represented by a deed of trust on a motel located in Kendall County, Texas. Defendant...

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