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FEDERAL DEPOSIT INS. CORP. v. ATTAYI

No. 01-87-00600-CV.

745 S.W.2d 939 (1988)

FEDERAL DEPOSIT INSURANCE CORPORATION, Appellant, v. Ali A. ATTAYI, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

February 11, 1988.

Attorney(s) appearing for the Case

Annette T. Kolodzie, Stephen W. Lemmon, Sheinfeld, Maley & Kay, Houston, for appellant.

Don Fogel Morris & Campbell, Houston, for appellee.

Before EVANS, C.J., and SAM BASS and DUNN, JJ.

OPINION

SAM BASS, Justice.

This is an appeal from a summary judgment. We reverse and remand.

Summary judgment evidence established the following:

(1) In April 1984, Western Bank-North Wilcrest, N.A., now owned by the Federal Deposit Insurance Corporation ("F.D.I.C."), appellant, loaned $40,000 to CanAm Parts, which was owned by Attayi, appellee, and Ryan. This transaction was secured by a $40,000 certificate of deposit.

(2) In June...

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