FARINA v. MISSION INV. TRUST

No. 78-1579.

615 F.2d 1068 (1980)

Joe P. FARINA, Plaintiff-Appellant, v. MISSION INVESTMENT TRUST et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 23, 1980.


Attorney(s) appearing for the Case

Richard L. Jackson, Dallas, Tex., for plaintiff-appellant.

Royal H. Brin, Jr., Dallas, Tex., for Federal Deposit Ins. Corp.

O. Carl Hamilton, Jr., McAllen, Tex., for Rio Grande Building and Loan Association.

Hughes, Luce, Hennessy, Smith & Castle, H. Robert Powell, William B. Finkelstein, Dallas, Tex., for Midland Mortgage Investors Trust, et al.

Thompson, Knight, Simmons & Bullion, Molly Steele Bishop, Dallas, Tex., for Mission Investment Trust.

Before COLEMAN, Chief Judge, REAVLEY and ANDERSON, Circuit Judges.


COLEMAN, Chief Judge.

This action began as a lawsuit in the 162nd Judicial District Court of Dallas County, Texas by Joe P. Farina to set aside a $14 million debt he owed on a complex real estate transaction. It ended with a federal district court dismissing Farina's suit, granting summary judgment to defendants on a counterclaim, and finding that Farina failed to prosecute his claim with diligence.

Farina appeals on the grounds that (1) improper transfer...

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