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FEDERAL DEPOSIT INS. CORP. v. LAGUARTA

No. 90-2064.

939 F.2d 1231 (1991)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Manager of the FSLIC Resolution Fund, as Receiver of Liberty Federal Savings and Loan Association, Plaintiff-Appellee, v. Julio S. LAGUARTA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 28, 1991.

Attorney(s) appearing for the Case

Charles W. Kelly, Stephen A. Roberts, Griggs & Harrison, Austin, Tex., for defendant-appellant.

Robert W. Dupuy, Brown, Maroney & Oaks Hartline, Dallas, Tex., for plaintiff-appellee.

Before WISDOM, GARWOOD, and JOLLY, Circuit Judges.

GARWOOD, Circuit Judge:

This is an appeal from a summary judgment in favor of the Federal Deposit Insurance Corporation (FDIC; Receiver) against Julio S. Laguarta (Laguarta) for a deficiency on a promissory note secured by two tracts of commercial real estate in Houston. Concluding that Laguarta presented — just barely — enough evidence below to defeat the motion for summary judgment, we reverse and remand for further proceedings.

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