FEDERAL SAV. & LOAN INS. CORP. v. KERR

No. 88-5501.

859 F.2d 1226 (1988)

FEDERAL SAVINGS & LOAN INSURANCE CORP., As Federal Savings & Loan Association, Plaintiff-Appellant, v. Richard L. KERR, Trustee, Consolidated Equity Capital Venture and Commerce Savings Association, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 15, 1988.


Attorney(s) appearing for the Case

Robert W. Dupuy, Walter C. Cooke, Austin, Tex., for plaintiff-appellant.

Keith E. Kaiser, Royal B. Lea, III, San Antonio, Tex., for Commerce Sav. Ass'n.

Dale Wilson, Foster, Lewis, Langley, Gardner & Banack, Inc., San Antonio, Tex., for Kerr and Consol. Equity Capital Venture.

Before THORNBERRY, RUBIN, and HIGGINBOTHAM, Circuit Judges.


THORNBERRY, Circuit Judge:

Plaintiff-Appellant, as Receiver for failed bank that held inferior lien on property, brought suit to enjoin the non-judicial foreclosure sale of property by Defendant-Appellee, holder of superior lien. The district court denied injunctive and other relief. We affirm.

I.

On June 4, 1984, GSO Investment Company ("GSO") purchased property from Consolidated Equity Capital Venture...

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