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ONTIVEROS v. MBANK HOUSTON, N.A.

Civ. A. No. H-89-1402.

751 F.Supp. 128 (1990)

Robert ONTIVEROS, Plaintiff, v. MBANK HOUSTON, N.A., et al., Defendants.

United States District Court, S.D. Texas, Houston Division.

November 16, 1990.

Attorney(s) appearing for the Case

James B. McIver, Houston, Tex., for plaintiff.

John H. Wright, Houston, Tex., for defendant MBank.

Jerry L. Schutza, Houston, Tex., for other defendants.

OPINION ON SUMMARY JUDGMENT

HUGHES, District Judge.

Robert Ontiveros sued MBank Houston, N.A., to recover $125,000 owed to him under a lease. MBank breached the lease, and it must pay him. The Federal Deposit Insurance Corporation, as MBank's receiver, bears the liability.

1. Background.

In February 1981, Robert Ontiveros signed a lease with Denitex International, Inc., for a space in a shopping center. The lease, for four years...

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