MIDLAND WEST CORP. v. FEDERAL DEPOSIT INS. CORP.

No. 89-1725.

911 F.2d 1141 (1990)

MIDLAND WEST CORPORATION, Plaintiff-Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, and Richard E. Anderson, as substitute trustee, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 18, 1990.


Attorney(s) appearing for the Case

Stephen F. Fox, T. Ray Guy, David Ford Hunt, Jenkens & Gilchrist, Dallas, Tex., for defendants-appellants.

E. Link Beck, Steven C. James, Beck & James, El Paso, Tex., for plaintiff-appellee.

Before GOLDBERG, GEE and WILLIAMS, Circuit Judges.


GEE, Circuit Judge:

The Federal Deposit Insurance Corporation (FDIC), as the successor in interest to the now defunct First National Bank of Midland (First National), appeals from a district court order denying its motion to reform an Order of Agreed Judgment forged between the FDIC, the Midland West Corporation, and L. Frank Mullins. We conclude that the motion to reform the judgment was timely filed and because the judgment did not reflect the express, mutual intent...

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