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FAIR v. NCNB TEXAS NAT. BANK

Civ. A. No. CA3-89-0820-D.

733 F.Supp. 1099 (1990)

Ted FAIR, H. Dale Curry, and Carrie Sturgis Dalton, Plaintiffs, v. NCNB TEXAS NATIONAL BANK and Federal Deposit Insurance Corporation, as Receiver for First RepublicBank Waco, N.A., Defendants.

United States District Court, N.D. Texas, Dallas Division.

March 22, 1990.

Attorney(s) appearing for the Case

Marshal W. Dooley of Dooley, Rucker, Maris & Foxman, Dallas, Tex., for plaintiffs Ted Fair, H. Dale Curry and Carrie Sturgis Dalton.

Brian J. Hurst of Jenkens & Gilchrist, Dallas, Tex., for defendants NCNB Texas Nat. Bank and FDIC, as Receiver for First RepublicBank Waco, N.A.

FITZWATER, District Judge:

This case presents questions concerning the applicability of the D'Oench, Duhme1 doctrine to transactions in which a failed financial institution acts both as a lender for and seller of property.

I

The facts set out by the plaintiffs are as follows. In 1982 First RepublicBank Waco, N.A. ("First Republic") loaned money to Vector Development Company to develop a condominium project in College...

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