BEIGHLEY v. FEDERAL DEPOSIT INS. CORP.

No. 88-1257.

868 F.2d 776 (1989)

Harold V. BEIGHLEY, et al., Plaintiffs-Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 27, 1989.


Attorney(s) appearing for the Case

Thomas W. George, D.J. Powers, Austin, Tex., Johnny Roy Phillips, Seminole, Tex., for plaintiffs-appellants.

Harold H. Pigg, Scott W. Sharp, Brock, Morton & Pigg, Lubbock, Tex., for defendants-appellees.

Before KING, WILLIAMS and SMITH, Circuit Judges.


JERRE S. WILLIAMS, Circuit Judge:

The obligor on a promissory note, Harold V. Beighley, appeals a summary judgment in favor of the Federal Deposit Insurance Corporation (FDIC). The district court determined that, as a matter of law, the obligor could not assert claims against the FDIC arising from the alleged breach of an unwritten, collateral agreement between the obligor and the lender, an insolvent bank. The FDIC had substituted in the lawsuit as the receiver of...

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