NATIONAL BANK OF COMMERCE OF DALLAS v. ALL AM.

No. 76-3331.

583 F.2d 1295 (1978)

NATIONAL BANK OF COMMERCE OF DALLAS, Plaintiff-Appellant, v. ALL AMERICAN ASSURANCE COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 14, 1978.


Attorney(s) appearing for the Case

D. Ronald Reneker, Michael E. Rohde, Steven F. Bright, Dallas, Tex., for plaintiff-appellant.

Mary Joe Carroll, Austin, Tex., for All American Assur.

Phillip N. Smith, Jr., Dallas, Tex., for Herman Taylor.

Fletcher L. Yarbrough, Dallas, Tex., for Gary Anderson, Jr.

John O. Jones, Dallas, Tex., for defendants-appellees.

George C. McIngvale, Sr., pro se.

Before THORNBERRY, RONEY and HILL, Circuit Judges.


RONEY, Circuit Judge:

In this case, plaintiff bank sought to recover from defendant-borrowers $1.45 million in damages resulting from alleged fraud in the pledge of worthless stock, asserting a violation of the antifraud provisions of the federal securities acts. 15 U.S.C.A. § 78j(b); 15 U.S.C.A. § 77q(a). Holding that a commercial loan on a promissory note with securities pledged as collateral is not a protected security transaction under the federal antifraud...

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