TANGLEWOOD EAST HOMEOWNERS v. CHARLES-THOMAS, INC.

No. 87-6097.

849 F.2d 1568 (1988)

TANGLEWOOD EAST HOMEOWNERS; Jimmie D. Lee, Jr., et al., Plaintiffs-Appellees, v. CHARLES-THOMAS, INC., et al., Defendants, First Federal Savings & Loan Association of Conroe, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 28, 1988.


Attorney(s) appearing for the Case

Tobi A. Tabor, Mark J. Airola, Houston, Tex., for defendant-appellant.

Craig D. Ball, Timothy F. Lee, Schmidt & Matthews, Houston, Tex., for plaintiffs-appellees.

Before POLITZ and JOHNSON, Circuit Judges, and BOYLE, District Judge.


POLITZ, Circuit Judge:

In this cause we granted an interlocutory appeal under 28 U.S.C. § 1292(b), to determine whether the district court had erred in rejecting defendants' motion to dismiss filed pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6). Finding no error in that ruling, for the reasons assigned we affirm.

Background

For purposes of the pending motion, we accept as true the allegations of the complaint. Appellant, First Federal...

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