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GOGOLIN & STELTER v. KARN'S AUTO IMPORTS, INC.

No. 88-2360.

886 F.2d 100 (1989)

GOGOLIN & STELTER, Plaintiff-Appellee, Cross-Appellant, v. KARN'S AUTO IMPORTS, INC., et al, Defendants, First City Bank, Bellaire, N.A., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

October 17, 1989.

Attorney(s) appearing for the Case

Guy S. Lipe, Houston, Tex., for defendant-appellant, cross-appellee.

Joseph C. Blanks, Beaumont, Tex. and Charles Dewey Cole, Jr., Mineola, N.Y., for plaintiff-appellee, cross-appellant.

Before GARWOOD, JONES and SMITH, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Procedural issues dominate our review of this commercial litigation, which resulted in a judgment for damages and punitive damages against First City Bank, Bellaire, N.A. (First City). We conclude that First City waived the right to object to the sufficiency of the assignment to Gogolin & Stelter of this cause of action. We further hold that venue was improperly retained in the Eastern District of Texas and the judgment must be vacated...

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