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FEDERAL DEPOSIT INS. CORP. v. CLAYCOMB

No. 90-1709.

945 F.2d 853 (1991)

FEDERAL DEPOSIT INSURANCE CORPORATION as Manager of the FSLIC Resolution Fund, and as Receiver for Vernon Savings and Loan Association, FSA, Plaintiff-Appellee, v. L.L. CLAYCOMB, Defendant, SHWC, Inc., J.W. Heister, D.M. Wilson and E.L. Swanson, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 6, 1991.

Attorney(s) appearing for the Case

Camille R. McLeod, Mark E. MacDonald, Johnson & Gibbs, Dallas, Tex., for Hiester, Swanson and Wilson.

Christopher M. Weil, Anthony A. Petrocchi, Dallas, Tex., for SHWC, Inc.

Joe Horlen, Hugh D. Spears, Neil M. Sunkin, Arter & Hudden, Dallas, Tex., for FDIC as receiver of Vernon Sav.

J. Scott Watson, FDIC, Washington, D.C., for FDIC.

Before KING and DUHÉ, Circuit Judges, and SCHWARTZ, District Judge.

CHARLES SCHWARTZ, Jr., District Judge:

Defendants, SHWC, Inc., D.M. Wilson and E.L. Swanson [hereinafter referred to collectively as "SHWC"] appeal from a $2,359,891.28 judgment2 against them, jointly and severally, in favor of the Federal Deposit Insurance Corporation ("FDIC"), as Receiver for Vernon Savings and Loan Association, FSA. SHWC argues on appeal that there exist material issues of fact concerning defendants' claim of usury...

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