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FEDERAL DEPOSIT INS. CORP. v. MATHESON

No. 86-1191.

804 F.2d 1382 (1986)

FEDERAL DEPOSIT INSURANCE CORP., In Its Corporate Capacity, Plaintiff-Appellant, v. Daniel N. MATHESON and John H. Jenkins, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing and Rehearing January 6, 1987.

Attorney(s) appearing for the Case

T. Ray Guy, Carla Brundage Morrison, Dallas, Tex., for Federal Deposit Ins. Corp.

James P. Boldrick, Miles R. Nelson, Midland, Tex., for Matheson.

Thomas H. Watkins, Elizabeth G. Bloch, Austin, Tex., for Jenkins.

Before GOLDBERG, REAVLEY and GARWOOD, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc January 6, 1987.

REAVLEY, Circuit Judge:

The only question in this appeal is the effect of a paragraph in a guaranty contract. First National Bank of Midland (FNB) made loans to Trafalgar Drilling Company (Trafalgar). Daniel Matheson and John Jenkins executed guaranty forms provided by FNB. Because of the insolvency of FNB, the Federal Deposit Insurance Corporation (FDIC) became the holder of the notes...

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