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HIDALGO, CHAMBERS & CO. v. FDIC

No. 10-89-153-CV.

790 S.W.2d 700 (1990)

HIDALGO, CHAMBERS & COMPANY, et al., Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its Capacity as Receiver for the Former Western Bank-Westheimer, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Denied May 3, 1990.

Attorney(s) appearing for the Case

Allen B. Daniels, Daniels, Gambill & Collins, Houston, for appellants.

David Lee Crawford, Lackshin & Nathan, Houston, for appellee.

OPINION

THOMAS, Chief Justice.

The question is whether Rule 50(e) of the Rules of Appellate Procedure authorizes the trial court to substitute documents for lost exhibits in a statement of facts without the appellant's agreement. See TEX.R. APP.P. 50(e). The holding is that the trial court does not have such authority.

On January 10, 1989, Federal Deposit Insurance Corporation (FDIC), as receiver of the former Western Bank-Westheimer, recovered...

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