FEDERAL SAV. AND LOAN INS. v. ATKINSON-SMITH

Civ. A. No. CA3-87-2887-D.

729 F.Supp. 1130 (1989)

FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, as Receiver for Vernon Savings and Loan Association, FSA, Plaintiff, v. ATKINSON-SMITH UNIVERSITY PARK JOINT VENTURE, a Texas Joint Venture, et al., Defendants.

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

November 6, 1989.


Attorney(s) appearing for the Case

David I. Hammond of Leonard Marsh Hurt Terry & Blinn, P.C., Dallas, Tex., for FSLIC.

Daniel J. Sheehan of Sheehan, Young, Smith & Culp, Dallas, Tex., for Atkinson-Smith University Park Joint Venture, Vernon, James and Paul Smith Co., Vernon S. Smith, Jr., Paul L. Smith, James W. Smith, II, and Meadowcreek Village Apartments, Ltd.

Richard D. Pullman of Pullman & Schendle, Dallas, Tex., for Jack D. Atkinson and Atkinson Financial Corp.


MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

This suit to recover on several promissory notes presents the question whether the Federal Savings and Loan Insurance Corporation ("FSLIC") owes a duty of good faith and fair dealing to borrowers of a failed thrift institution. Concluding that the FSLIC owes no such duty, the court grants the FSLIC's motion for summary judgment.

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