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WHITE v. TEXAS AMERICAN BANK/GALLERIA

No. 91-2425.

958 F.2d 80 (1992)

Charles W. WHITE, et al., Plaintiffs, v. TEXAS AMERICAN BANK/GALLERIA, N.A., et al., Defendants, NCNB TEXAS NATIONAL BANK, Defendant-Appellee, v. Toni Y. KOZAK, Trustee of the Block Family Trust, Howard R. Block, Porter & Clements and John E. O'Neill, Intervenors-Appellants.

United States Court of Appeals, Fifth Circuit.

April 9, 1992.

Attorney(s) appearing for the Case

Mark A. Huvard, Harberg, Hubard & Bisk, Houston, Tex., for Kozak & Block.

Jerry L. Mitchell, J. Eugene Clements, Porter & Clements, Houston, Tex., for Porter & Clements & O'Neill.

Robert D. Daniel, H. Fred Cook, Hirsch & Westheimer, Kem Thompson Frost, Winstead, Sechrest & Minick, Houston, Tex., for NCNB Texas Nat. Bank.

Before WILLIAMS and WIENER, Circuit Judges, and LITTLE, District Judge.

WIENER, Circuit Judge:

Intervenors-Appellants, Toni Y. Kozak, Howard R. Block, Porter & Clements and John E. O'Neill (collectively "Appellants"), appeal from a summary judgment in favor of Defendant-Appellee, NCNB Texas National Bank (NCNB). Finding that the district court prematurely granted the summary judgment, we reverse.

I.

FACTS AND PROCEEDINGS

In 1985, Aviation Equities, Ltd., a Texas limited partnership (AE)

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