GUTIERREZ v. CHAMPION SAV. ASS'N.

Civ. A. Nos. B-88-64, B-88-135, B-88-136 and B-88-137.

727 F.Supp. 1088 (1989)

Jorge A. GUTIERREZ, Liquidating Agent for Rio Grande Savings and Loan Association, et al., Plaintiffs, v. CHAMPION SAVINGS ASSOCIATION, et al., Defendants. Jorge A. GUTIERREZ, Liquidating Agent for Rio Grande Savings and Loan Association, et al., Plaintiffs, v. FDIC, as Manager of the F.S.L.I.C. Resolution Fund, as Receiver for Champion Savings Association, et al., Defendants.

United States District Court, S.D. Texas, Brownsville Division.

November 7, 1989.


Attorney(s) appearing for the Case

Reynaldo G. Garza, Jr., Garza & Garza, Brownsville, Tex., (Robert J. Hearson, Jr., of counsel) Graves, Dougherty, Hearon & Moody, Austin, Tex., for plaintiffs.

Peter M. Alter, Houston, Tex., for intervenor.

R.K. Whittington, Atty. in Charge, Stapleton, Whittington, Curtis & Huddleston, Harlingen, Tex., for Clyde L. Fincher, W.H. O'Donnell, Joe G. Sanders, Charles P. Fincher, Ronald B. Kilgore and Fincher Invst. Co.

E.R. Fleuriet, Fleuriet, Schell & Franz, Harlingen, Tex., for other defendants.


MEMORANDUM OPINION

KAZEN, District Judge.

Pending before the Court are motions in the above four cases. On October 5, 1989, the Court heard arguments by the parties on these motions.

Civil Action B-88-64 was originally filed in federal court. The complaint alleged federal and state claims against the various Defendants. A virtually identical case, except without the federal claims, was originally filed in state court but was subsequently removed...

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