GULF UNION INDUSTRIES, INC. v. FORMATION SEC., INC.

No. 87-1137.

842 F.2d 762 (1988)

GULF UNION INDUSTRIES, INC., Plaintiff-Appellee, v. FORMATION SECURITY, INC., Defendant-Appellant, v. PANHANDLE BANK & TRUST CO., Defendant-Appellee. FORMATION SECURITY, INC., Plaintiff-Appellant, v. GULF UNION INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 19, 1988.


Attorney(s) appearing for the Case

John Tull, Jr., Tabolowsky, Prager & Schlinger, Page & Addison, Carol E. Farquhar, Dallas, Tex., for Formation Sec., Inc.

Jeffrey L. Hart, Austin, Tex., for Gulf Union.

S. Leon Mitchell, Borger, Tex., for Panhandle Bank & Trust Co.

Before WILLIAMS and HIGGINBOTHAM, Circuit Judges, and BUCHMEYER, District Judge.


JERRE S. WILLIAMS, Circuit Judge:

Appellee Gulf Union Industries, Inc. ("Gulf Union") delivered a bank cashiers check and a promissory note, both in the amount of $50,000, to Panhandle Bank & Trust Company pursuant to a Stock Purchase Agreement with Appellant Formation Industries, Inc. ("Formation"). Gulf Union later terminated the Agreement and demanded return of its escrow deposits. This case decides the ownership of those deposits.

Based upon diversity...

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