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FIRST SOUTH SAV. ASS'N v. BURNAP

Civ. A. H-89-2720.

833 F.Supp. 607 (1993)

FIRST SOUTH SAVINGS ASSOCIATION, et al., Plaintiffs, v. Walter S. BURNAP, et al., Defendants.

United States District Court, S.D. Texas.

October 7, 1993.

Attorney(s) appearing for the Case

Walter J. Cicack, Myers, Orlando & Evans, Houston, TX, for First South Sav. Ass'n.

Diana Dowd Ulrich, Kristianne Hincamp, Ulrich & Ulrich, Houston, TX, for Walter S. Burnap.

Hugh E. Sabel, San Antonio, TX, for Lester L. Kelly.

Frank Jones (AIC), Fulbright and Jaworski, Diana Dowd Ulrich, Ulrich and Ulrich, Houston, TX, for Kittie Partners and Willard H. Burnap.

Carmellia C. Boyer, Zimmerman, Flaum & Axelrad, P.C., G. Scott Williams, Houston, TX, for Resolution Trust Corp.

OPINION ON REASONABLENESS OF SETTLEMENT

HUGHES, District Judge.

1. Introduction.

Willard Burnap and Kittie Partners 1984-1 have asked this court to find that a settlement by two other defendants with the Resolution Trust Corporation is unreasonable because it is a beggar-thy-neighbor agreement, commonly called a Mary Carter agreement, and it is against Texas public policy. Mary Carter deals are devised after a lawsuit. The agreements in...

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