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FEDERAL DEPOSIT INS. CORP. v. BLANTON

No. 89-1902.

918 F.2d 524 (1990)

FEDERAL DEPOSIT INSURANCE CORPORATION, In Its Corporate Capacity, Plaintiff-Appellee, v. Henry H. BLANTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 4, 1991.

Attorney(s) appearing for the Case

Mark H. How, Denton & Guinan, Marcia F. Pennell, Short, Kimbell & How, Dallas, Tex., Wiley F. James, III, Bernard R. Given, II, Grambling & Mounce, El Paso, Tex., for defendant-appellant.

Ann S. DuRoss, Asst. Gen. Counsel, Joan E. Smiley, Sr. Counsel, Christopher L. Hencke, FDIC, Washington, D.C., Robert J. Clary, Johnson, Bromberg & Leeds, Dallas, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, REAVLEY and KING, Circuit Judges.

REAVLEY, Circuit Judge:

The Federal Deposit Insurance Corporation ("FDIC") sued Henry Blanton to recover the unpaid balance of a $965,000 promissory note (the "Note") executed by co-makers Blanton and Gihls Properties, Inc. ("Gihls"), and secured by liens on securities and real estate upon which the FDIC had foreclosed. Blanton's various defenses concerned the FDIC's disposition of the collateral. The district court credited Blanton with some items pursuant to jury...

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