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PALMER v. FEDERAL DEPOSIT INSURANCE CORP.

No. 16504.

527 S.W.2d 788 (1975)

E. Eugene PALMER, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver of Sharpstown State Bank, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied September 18, 1975.

Attorney(s) appearing for the Case

M. Wayne Tinkler, Austin, for appellant.

Norris Dennard, Houston, Louis Bagwell, for appellee; Baker & Botts, Houston, of counsel.

PEDEN, Justice.

Appeal from a summary judgment entered against a co-maker of a promissory note in a suit brought by the Federal Deposit Insurance Corporation acting as receiver for Sharpstown State Bank. The F.D.I.C. had, in another suit, previously taken a judgment against John Osorio, the other co-maker of the note, but that judgment had not been satisfied. The judgment entered in the instant case provides that payment received on either judgment shall be applied...

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