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FEDERAL DEPOSIT INS. CORP. v. MUNN

No. 85-1178.

804 F.2d 860 (1986)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, v. Hugh MUNN, Defendant. Hugh MUNN, Plaintiff-Appellee-Appellant, v. SOUTHWEST BANK OF SAN ANGELO, Defendant-Appellant, and E. Ray Jones and William Golden, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Opinion on Rehearing January 12, 1987.

Attorney(s) appearing for the Case

Rod Phelan, Dallas, Tex., Shannon, Porter, Johnson, Sutton & Greendyke, Craig Porter, William Greendyke, San Angelo, Tex., Hughes & Luce, M. David Bryant, Jr., David C. Godbey, Dallas, Tex., for South-west Bank.

James V. Hammett, Jr., Stubbeman, McRae, Laughlin & Browder, Inc., Deborah Essig Taylor, Houston, Tex., for Munn.

Larry Daves, Daves, McCabe & Hahn, Tyler, Tex., for Golden.

Ralph Dreyer, San Angelo, Tex., for Jones.

Mitzi Turner, El Paso, Tex. (other interested party), for FDIC.

Before GEE, GARZA, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We are asked to decide whether the guarantor of a loan to finance the purchase of stock in a corporation indebted to the lender is a "consumer" of bank services under the Texas Deceptive Trade Practices Act. We conclude that the district court erred in not submitting to the jury the question whether the alleged services purchased were objectives of the plaintiff's transaction. We also hold that the jury's answers to the special...

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