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  5. 736 F.Supp. 727 (1990)
 

FEDERAL DEPOSIT INS. CORP. v. BYRNE

Civ. A. No. CA3-87-2978-D.

736 F.Supp. 727 (1990)

FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver of Vernon Savings and Loan Association, FSA, Plaintiff, v. John Timothy BYRNE and Byrne Development Company, Defendants.

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

May 3, 1990.

Attorney(s) appearing for the Case

Rand J. Riklin of Sawtelle, Goode, Davidson & Troilo, A Professional Corp., San Antonio, Tex., for plaintiff FDIC.

William B. Chaney of Shank, Irwin, Conant, Lipshy & Casterline, Dallas, Tex., for defendants John Timothy Byrne and Byrne Development Co.

FITZWATER, District Judge:

The instant motion for partial summary judgment presents questions concerning the application of the D'Oench, Duhme1 and federal common law holder in due course doctrines, including whether the holder in due course doctrine precludes the assertion of counterclaims against the Federal Deposit Insurance Corporation ("FDIC").

I

This civil action arises out of a profit participation agreement...

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