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SRSB-IV, LTD. v. CONTINENTAL SAV. ASS'N

No. 92-2317.

979 F.2d 39 (1992)

SRSB-IV, LTD., et al., Plaintiffs, Counter-Defendants, v. CONTINENTAL SAVINGS ASSOCIATION, et al., Defendants, Counter-Plaintiffs, 3rd Party Plaintiffs. Gerald BROWN and Burton Sterman, Defendants In Intervention, Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Intervenor/Receiver, Appellee.

United States Court of Appeals, Fifth Circuit.

November 24, 1992.

Attorney(s) appearing for the Case

Eugene B. Wilshire, Jr., Wilshire, Scott & Dyer, Houston, Tex., for appellants.

E. Whitney Drake, F.D.I.C., Washington, D.C., Taylor M. Hicks, Andrews & Kurth, Houston, Tex., for appellee.

Before HIGGINBOTHAM, SMITH and DeMOSS, Circuit Judges.

PER CURIAM:

The Federal Deposit Insurance Corporation ("FDIC"), receiver of Mainland Savings Association, as appellee in the above referenced case, has moved the Court to remand the case to the U.S. District Court, in order to permit it to create a better record on appeal regarding the issue as to whether the actions taken by the original creditor in foreclosing on 1,000 shares of stock of a closely held corporation, put up as collateral for the original indebtedness...

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