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SHEPHERD FINANCIAL v. FED. SAV. & LOAN INS.

Civ. A. No. CA 3-89-0123-G.

709 F.Supp. 735 (1989)

SHEPHERD FINANCIAL CORPORATION, et al., Plaintiffs, v. FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, as Receiver for Commodore Savings Association, Defendant.

United States District Court, N.D. Texas, Dallas Division.

April 6, 1989.

Attorney(s) appearing for the Case

Jerome H. Ferguson, Dallas, Tex., for plaintiffs.

Daniel B. Jones, Robert E. Wood, Williford, Collmar & Wood, Beth E. McAllister, William G. Whitehill, Gardere & Wynne, Dallas, Tex., for defendant.

MEMORANDUM ORDER

FISH, District Judge.

This case is before the court on plaintiffs' motion for new trial in light of Coit Independence Joint Venture v. FSLIC as Receiver for FirstSouth, N.A., ___ U.S. ___, 109 S.Ct. 1361, 103 L.Ed.2d 602 (1989).1 Because Coit largely overturned the Hudspeth doctrine, id. at ___, 109 S.Ct. at ___, the motion for a new trial is GRANTED to the extent of vacating the dismissal...

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