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CUERVO RESOURCES, INCORPORATED v. CLAYDESTA NATIONAL BANK

No. 88-1609.

876 F.2d 436 (1989)

CUERVO RESOURCES, INCORPORATED and Michael Warren, Plaintiffs-Appellants, v. CLAYDESTA NATIONAL BANK, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 2, 1989.

Attorney(s) appearing for the Case

Steven L. Woolard, Fort Stockton, Tex., for plaintiffs-appellants.

Mark S. Carder, Cotton, Bledsoe, Tighe & Dawson, Midland, Tex., for defendant-appellee.

Before KING, GARWOOD, and DAVIS, Circuit Judges.

PER CURIAM:

Plaintiffs-appellants Cuervo Resources, Inc. and Michael Warren brought this suit against appellee-defendant Claydesta National Bank (the Bank) for alleged violation of the anti-tying provisions of the Bank Holding Company Act, 12 U.S.C. §§ 1972, et seq., in connection with the renewal or offer to renew Cuervo's debt to the Bank. The Bank moved for summary judgment both on the merits and on the basis of res judicata. The latter...

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