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FIRST CITY NAT. BANK v. FEDERAL DEPOSIT INS. CORP.

No. 85-1128.

782 F.2d 1344 (1986)

FIRST CITY NATIONAL BANK OF MIDLAND, Plaintiff-Cross Appellee, v. FEDERAL DEPOSIT INSURANCE CORP., As Receiver for the First National Bank of Midland, Defendant-Third Party-Plaintiff-Appellant-Cross Appellee, v. H.L. BROWN, Jr., Third Party Defendant-Appellee-Cross Appellant. H.L. BROWN, Jr., Plaintiff-Appellee-Cross Appellant, v. FEDERAL DEPOSIT INSURANCE CORP., As Receiver for the First National Bank of Midland, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

February 20, 1986.

Attorney(s) appearing for the Case

Michael C. Steindorf, Franklin H. McCallum, Midland, Tex., for FDIC.

Jack Tidwell, Odessa, Tex., for Brown.

C.H. Brockett, Jr., Midland, Tex., for First City Nat'l Bank.

Before RUBIN, RANDALL and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

This case is the consolidation of two separate actions. First City National Bank of Midland ("First City") brought the first in state district court in Texas against First National Bank of Midland ("First National") for breach of warranty as to the genuineness of an endorsement upon a check paid by First National. After this suit was initiated, First National became insolvent. The Federal Deposit Insurance Corporation ("FDIC") was...

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