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NEELEY v. BANKERS TRUST CO. OF TEXAS

Nos. 83-1809, 84-1356 and 84-1357.

757 F.2d 621 (1985)

Stanley L. NEELEY, Individually and T/N SN Associates, Plaintiff-Appellee Cross-Appellant, v. BANKERS TRUST COMPANY OF TEXAS, etc., et al., Defendants-Appellants Cross-Appellees. Stanley L. NEELEY, Plaintiff-Appellant, v. BANKERS TRUST COMPANY OF TEXAS, Clint W. Murchison, and TeCe Corporation, A Nevada corporation, Defendants-Appellees. Stanley L. NEELEY, Individually and T/A SN Associates, Plaintiffs-Appellees, v. BANKERS TRUST COMPANY OF TEXAS as Successor Trustee of Henry Gilchrist, Original Trustee of Murchison Children Trusts (Trusts Nos. 1 through 4) and Robert Trust and Marco Trusts (Trusts Nos. 1 and 2), et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 13, 1985.

Attorney(s) appearing for the Case

Jenkens & Gilchrist, William D. Sims, Jr., Brian H. Hurst, Dallas, Tex., for plaintiffs.

Michael F. Pezzulli, Dallas, Tex., Peter J. Messitte, Susan L. Launer, Chevy Chase, Md., for defendants.

Before GOLDBERG, POLITZ and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

This diversity case teaches anew the importance of getting it in writing. Although the parties did not observe that aphorism, a jury found that appellee Stanley L. Neeley and appellant Clint W. Murchison, Jr., had entered into a contract entitling Neeley to a number of benefits associated with his employment by Optimum Services, Inc. (OSI), a company that Murchison and his family controlled. The jury also determined that Murchison...

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