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AMERIFIRST PROPERTIES, INC. v. FDIC

No. 87-2963.

880 F.2d 821 (1989)

AMERIFIRST PROPERTIES, INC., Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORP. (Receiver for Western Bank — Westheimer), Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 4, 1989.

Attorney(s) appearing for the Case

Wayne A. Risoli, Leymon L. Solomon, Honigman, Miller, Schwartz & Cohn, Houston, Tex., for plaintiff-appellant.

Stephen W. Lemmon, Thomas A. Collins, Mark Browning, Bernard Wm. Fischman, Denise L. Evans, Atty., FDIC, Houston, Tex., for defendant-appellee.

Before KING, WILLIAMS and SMITH, Circuit Judges.

KING, Circuit Judge:

The plaintiff-appellant brought suit against the defendant-appellee for violating the antitying provision of the Bank Holding Company Act Amendment. The defendant-appellee filed a motion to dismiss for failure to state a claim, Fed.R.Civ.P. 12(b)(6), and the district court granted it. Finding that the district court erred in concluding (1) that a loan must actually be funded in order to satisfy the meaning...

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