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TEXAS COMMERCE BANK NAT. ASS'N v. STATE OF FLA.

No. 97-10499.

138 F.3d 179 (1998)

TEXAS COMMERCE BANK NATIONAL ASSOCIATION, Plaintiff-Appellant, v. STATE OF FLORIDA; and Florida Department of Insurance, as Receiver for Western Star Insurance Company, Ltd., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 9, 1998.

Attorney(s) appearing for the Case

Roger B. Cowie, Kirte Matheu Kinser, Liddell, Sapp, Zivley, Hill & LaBoon, Dallas, TX, for Plaintiff-Appellant.

Willis Ferrell Melvin, Jr., Tallahassee, FL, for State of Florida.

William J. VanDercreek, W. Scott Newbern, Pennington, Moore, Wilkinson & Dunbar, Tallahassee, FL, for Dept. of Ins. of the State of Florida.

Dennis Silverman, Florida Dept. of Ins., Tallahassee, FL, for Defendants-Appellees.

Before JOLLY, DUHÉ and PARKER, Circuit Judges.

PER CURIAM:

Texas Commerce Bank National Association ("TCB") appeals the denial of a preliminary injunction. We dismiss the State of Florida and affirm the denial of the preliminary injunction.

BACKGROUND

In 1993, Ameritrust Texas National Association, predecessor-in-interest to TCB, entered into a trust agreement, as trustee, with Western Star Insurance Company, Ltd. ("Western Star"). The purpose of the trust agreement was to permit Western Star...

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