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BYKOWICZ v. PULTE HOME CORP.

No. 90-2923.

950 F.2d 1046 (1992)

Robert J. BYKOWICZ, et al., Plaintiffs-Appellees, v. PULTE HOME CORPORATION, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 6, 1992.

Attorney(s) appearing for the Case

William T. Little, Gilpin, Paxson & Bersch, J. Eugene Clements, Michael D. Kirby Porter & Clements, Houston, Tex., for defendants-appellants.

Ronald J. Restrepo, Doyle, Reed, Restrepo, Harvin & Robbins, Kathleen C. Pickett, Houston, Tex., for plaintiffs-appellees.

Before CLARK, Chief Judge, WILLIAMS and BARKSDALE, Circuit Judges.

BARKSDALE, Circuit Judge:

At issue in this Texas diversity action is whether escrow account property tax estimates prepared and used by Pulte (based on charts prepared by ICM) in housing sales constitute a "false representation of a past or existing material fact ... made ... for the purpose of inducing" persons to purchase from Pulte, using mortgages from its subsidiary, ICM, in violation of Tex.Bus. & Com.Code Ann. § 27.01 (Vernon 1987); and whether ICM...

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