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SPAWN v. WESTERN BANK-WESTHEIMER

No. 90-2236.

925 F.2d 885 (1991)

Coy U. SPAWN, Jr., Plaintiff-Appellant, v. WESTERN BANK-WESTHEIMER and Federal Deposit Insurance Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 12, 1991.

Attorney(s) appearing for the Case

H. Gray Burks, IV, Houston, Tex., for plaintiff-appellant.

Daniel H. Kurtenbach, Robert S. Cessar, FDIC, Washington, D.C., for FDIC.

Before POLITZ, WILLIAMS, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Coy U. Spawn, Jr. sued the Federal Deposit Insurance Corporation (FDIC) because it refused to pay deposit insurance on a $100,000 certificate of deposit allegedly owned by Spawn at the insolvent Western Bank-Westheimer. The district court granted the FDIC's motion for summary judgment and entered judgment in favor of the FDIC. We reverse and remand for further proceedings.

I.

Spawn alleges that in July 1986, he and...

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