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SMITH v. JOPLIN

No. 88-1783.

879 F.2d 159 (1989)

Preston SMITH, et al., Plaintiffs-Counter Defendants-Appellees, v. Charles JOPLIN, Defendant-Counter Plaintiff-Appellant.

United States Court of Appeals, Fifth Circuit.

August 8, 1989.

Attorney(s) appearing for the Case

Thomas J. Griffith, Ralph H. Brock, Lubbock, Tex., for plaintiffs-counter defendants-appellees.

Tom S. Milam, Cecil Kuhne, Crenshaw, Dupree-Milam, Lubbock, Tex., for Smith, Adderton, Austin, Taylor, Huffman, Ribble, Robinson and Singleton.

Warren Goss, Boulder, Colo., pro se.

John T. Montford, Lubbock, Tex., for Lewis.

Before KING, GARWOOD and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Charles Joplin, the former President and Chief Executive Officer of the now-defunct Texas Bank & Trust Co., appeals a district court's declaratory judgment finding Joplin's employment contract with the bank's former Board of Directors void and unenforceable under Texas law. We find no error and affirm.

I.

In August 1986, the Board of Directors ("Directors") of the Texas Bank & Trust Co., hired Charles Joplin...

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