SCHAUTTEET v. CHESTER STATE BANK

Civ. A. No. B-86-1259-CA.

707 F.Supp. 885 (1988)

Don SCHAUTTEET v. CHESTER STATE BANK, J.W. Wilson, Richard Deffe, Bower Poole, Meyers Pace, J. Robert Barnes.

United States District Court, E.D. Texas, Beaumont Division.

November 17, 1988.


Attorney(s) appearing for the Case

B.J. Walter, Lackshin & Nathan (F.D.I. C.), Houston, Tex., for plaintiff.

Daniel V. Flatten, Mehaffy, Weber, Keith & Gonsoulin, Beaumont, Tex., Patrick C. Guillot, Kay Foster, Maxwell, Godwin & Carlton (Mann Trust), Dallas, Tex., for defendants.


MEMORANDUM

COBB, District Judge.

The issue before the court is whether intervenor, Mann Trust, has stated a non-derivative claim for which relief may properly be granted. Put another way, does Texas law give Mann Trust, as a minority shareholder in Chester State Bank, a direct cause of action against each defendant?

BACKGROUND

On November 22, 1985, the Chester State Bank failed, and the F.D.I.C., as receiver (F.D.I.C., Receiver) took control...

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