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FIDELITY BANK NAT. ASS'N v. ALDRICH

No. Civ.A. 3-95-2566-H.

998 F.Supp. 717 (1997)

FIDELITY BANK NATIONAL ASSOCIATION, Plaintiff, v. Jay and Sue ALDRICH, et al., Defendants and Third-Party Plaintiffs and OFFICE OF THE COMPTROLLER OF CURRENCY, Defendant, v. Warren T. AYRES, Pat S. Bolin N. Key Kolb, William C. Murphy and Stanley J. Scott.

United States District Court, N.D. Texas, Dallas Division.

December 30, 1997.

Attorney(s) appearing for the Case

Bruce Wayne Bowman, Jr., Karen Kohler Fitzgerald, Vial Hamilton Koch & Knox, Dallas, TX, for plaintiff.

William Clyde Odeneal, Logan Odeneal, Odeneal & Odeneal, Dallas, TX, James Knight Johnson, Law Office of James K Johnson, Dallas, TX, William Odeneal, Law Office of William Odeneal, Dallas, TX, for defendants.

MEMORANDUM OPINION AND ORDER

SANDERS, Senior District Judge.

Before the Court is Comptroller of the Currency's Motion To Dismiss Or, In the Alternative, Motion For Summary Judgment, filed May 2, 1997, and pleadings related thereto.

I. BACKGROUND

On February 4, 1994, Fidelity Bank National Association ("Fidelity") and Interstate National Bank ("Interstate") executed a Plan of Merger...

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