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FEDERAL SAV. & LOAN INS. v. KRALJ

No. 91-2841.

968 F.2d 500 (1992)

FEDERAL SAVINGS & LOAN INSURANCE, receiver of Americity Federal Savings Bank, Plaintiff-Appellee, v. Nicholas K. KRALJ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 17, 1992.

Attorney(s) appearing for the Case

Tim Labadie, Joe K. Longley, Longley & Maxwell, Austin, Tex., for defendant-appellant.

Kevin M. Crotty, Dennis S. Klein, Hughes, Hubbard & Reed, Ann S. DuRoss, Asst. Gen. Cnsl., FDIC, Washington, D.C., amicus curiae, FDIC, as Manager of the FSLIC Resol. Fund.

Reese L. Harrison, Jr., Wendy L. Martinez, Oppenheimer, Rosenberg, Kelleher & Wheatley, Inc., Theodore Campagnolo, San Antonio, Tex., for Americity Federal Sav. Bank.

Before SMITH and EMILIO M. GARZA, Circuit Judges, and KENT, District Judge.

EMILIO M. GARZA, Circuit Judge:

After Nicholas K. Kralj defaulted on a promissory note, Americity Federal Savings Bank brought suit to recover amounts due. Americity then moved for summary judgment. Kralj argued that the promissory note was usurious on its face and that the pleadings should have been amended to reflect a reduction in the debt resulting from the foreclosure of the property securing the promissory note. The...

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