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NCNB TEXAS NAT. BANK v. KING

No. 90-1669.

964 F.2d 1468 (1991)

NCNB TEXAS NATIONAL BANK, Successor In Interest to First Republic Bank of Dallas, Successor In Interest to Interfirst Bank of Dallas, N.A., Plaintiff-Appellee, v. Robert E. KING, Defendant-Counter Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver For First Republic Bank of Dallas, N.A., Counter-Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 10, 1991.

Attorney(s) appearing for the Case

Michael D. Mosher, Parish, Tex., for Robert E. King.

Ronald Davis, Baskin & Novakov, Dallas, Tex., for F.D.I.C.

Don Colleluori, Ernest E. Figari, Jr., A. Erin Dwyer, Figari & Davenport, Dallas, Tex., for NCNB Texas Nat. Bank.

Before THORNBERRY, JOLLY, and SMITH, Circuit Judges.

PER CURIAM:

This appeal arises from a suit on a promissory note and four guarantees executed by King in favor of NCNB's predecessor-in-interest, InterFirst Bank Dallas ("InterFirst"). King's pleadings and papers allege the following factual basis for recovery:

I

In 1980 InterFirst sought out King's business. He was then operating a Trailmobile franchise in Tulsa, Oklahoma. After cultivating King's business...

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