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FEDERAL DEPOSIT INS. CORP. v. FIRST STATE BANK OF ABILENE

No. 85-1363 Summary Calendar.

779 F.2d 242 (1985)

FEDERAL DEPOSIT INSURANCE CORPORATION, In its Corporate Capacity, Plaintiff-Appellee, v. FIRST STATE BANK OF ABILENE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 27, 1985.

Attorney(s) appearing for the Case

Jack Q. Tidwell, Odessa, Tex., for defendant-appellant.

David S. Jeans, John W. McChristian, Jr., El Paso, Tex., for plaintiff-appellee.

Before ALVIN B. RUBIN, Sam D. JOHNSON and Edith HOLLAN JONES, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge.

Several banks joined in a single loan, governed by a participating loan agreement. The borrower was thereafter forced into involuntary bankruptcy. Some of the banks made a post-petition loan to the trustee, in the hope of improving the debtor's position, but one bank refused to join. Interpreting the language of the participation agreement, the district court held that the post-petition loan was not a "collection expense" or "disbursement...

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