PARKER PLAZA WEST PARTNERS, A Texas General Partnership, Plaintiff-Appellee,
v.
UNUM PENSION AND INSURANCE COMPANY, f/k/a Union Mutual Pension and Insurance Corporation, Defendant-Appellant.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
September 12, 1991.
Rehearing Denied October 9, 1991.
Attorney(s) appearing for the Case
Phillip E. Stano, Richard E. Barnsback, American Counsel of Life Ins., James C. Murray, Jr., Nina B. Matis, Katten, Muchin & Zavis, Washington, D.C., Mark L. Johnson, Barnett P. Ruttenberg, Chicago, Ill., for amicus curiae, American Council of Life Ins.
Sanford Svetcov, Janet E. Shestadov, Bruce W. Hyman, Landels, Ripley & Diamond, San Francisco, Cal., for defendant-appellant.
Charles R. Snakard, Kenneth W. Pearson, Morris Harrell, Locke, Purnell, Rain & Harrell, P.C., Dallas, Tex., for amicus curiae, Principal Mut. Life Ins. Co.
Steven E. Clark, James W. Morris, Jr., Goins, Underkoefler, Crawford & Langdon, Dallas, Tex., for plaintiff-appellee.
Before GOLDBERG, SMITH, and BARKSDALE, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
BARKSDALE, Circuit Judge:
In this Texas diversity action, UNUM Pension and Insurance Company appeals an adverse summary judgment. The district court held that UNUM, as lender, was precluded, as a matter of law, from enforcing a contract provision for collection of a prepayment premium upon default and acceleration of its loan. The holding was based solely on the fact that the prepayment was involuntary on the part of the...
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