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FIRST CITIZENS FEDERAL S & L ASS'N v. WORTHEN BANK & TRUST CO.

No. 89-15111.

906 F.2d 427 (1990)

FIRST CITIZENS FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff-Appellant, v. WORTHEN BANK AND TRUST COMPANY, N.A., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 21, 1990.

Attorney(s) appearing for the Case

C.R. McDonald, Jr., Fort Pierce, Fla., for plaintiff-appellant.

Donald E. Herrmann, Kelly, Hart & Hallman, Fort Worth, Tex., for defendant-appellee.

Before FLETCHER, PREGERSON and NELSON, Circuit Judges.

NELSON, Circuit Judge:

First Citizens Federal Savings and Loan Association ("First Citizens"), Worthen Bank and Trust Company ("Worthen"), and 20 other savings and loan institutions entered into a loan participation agreement ("Agreement") in connection with a real estate development. The borrower ultimately defaulted, and the participants incurred losses. First Citizens filed this action, alleging breach of contract, negligence, negligent misrepresentation, constructive...

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