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COMMONWEALTH MORTG. CORP. v. FIRST NATIONWIDE BANK

No. 88-1212.

873 F.2d 859 (1989)

COMMONWEALTH MORTGAGE CORP., Plaintiff-Counter Defendant-Appellant, v. FIRST NATIONWIDE BANK, Defendant-Counter Plaintiff-Third Party Plaintiff-Appellee.

United States Court of Appeals, Fifth Circuit.

May 30, 1989.

Attorney(s) appearing for the Case

Larry M. Lesh, David F. Blanke, Cynthia Keely Timms, Dallas, Tex., for Commonwealth Mortg. Corp.

Charles A. Gall, John C. Eichman, Theodore W. Daniel, Dallas, Tex., for defendant-counter plaintiff-third party plaintiff-appellee.

Patrick F. McManemin, Anissa D. White, Dallas, Tex., for third party defendant-appellant.

Before WILLIAMS, HIGGINBOTHAM and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Commonwealth Mortgage Corporation sold a construction loan made to Bali Industries, Inc. to Saint Louis Federal Savings & Loan Association.1 It turns out that there was a landfill beneath the surface of the land on which Bali was to build a condominium complex. A suit and trial followed. A jury returned a verdict in favor of Saint Louis Federal and against Commonwealth for breach of contract...

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