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TUBIN v. RABIN

No. 75-1310.

533 F.2d 255 (1976)

E. S. TUBIN, Plaintiff-Appellee, v. Meyer RABIN, a/k/a Meyer Raben, Consumer's Investment Co., Charles Cowart and C. D. Wyche, Defendants, Fair Park National Bank of Dallas, etc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 13, 1976.

Attorney(s) appearing for the Case

James A. Knox, Paul D. Schoonover, Dallas, Tex., for defendant-appellant.

Lawrence E. Ackels, Lawrence E. Ackels, Jr., Dallas, Tex., plaintiff-appellee.

Mike Joplin, John H. Hall, Dallas, Tex., for Wyche.

Before WISDOM and INGRAHAM, Circuit Judges, and GROOMS, District Judge.

PER CURIAM:

This is a diversity of citizenship claim predicated on the Uniform Commercial Code (U.C.C.). Max Triplett sought to acquire a $2,850,000 loan for the acquisition and development of a New Mexico ghost town. Triplett attempted to arrange the financing through Meyer Rabin and Consumers Investment Company (CIC). CIC issued a commitment letter conditioned on the payment of a $14,250 commitment fee and the personal guarantee of C. D. Wyche. Because Triplett...

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