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MATTER OF MEYERLAND CO.

No. 89-6118.

960 F.2d 512 (1992)

In the Matter of: MEYERLAND CO., and William M. Adkinson, Debtors. FEDERAL DEPOSIT INSURANCE CORP. as Manager of the FSLIC Resolution Fund as Receiver for Continental Savings Association, Appellant, v. MEYERLAND CO., and William Adkinson, Appellees.

United States Court of Appeals, Fifth Circuit.

May 13, 1992.

Attorney(s) appearing for the Case

Richard J. Osterman, Jr., Atty., F.D.I.C., Walter Clay Cooke, Brown, Maroney & Oaks Hartline, Houston, Tex., for appellant.

Michael L. O'Brien, Houston, Tex., for Meyerland Co.

Daniel Kistler, Robert L. Collins, Shannon M. Sanders, West, Adams, Webb & Allbritton, Houston, Tex., for Adkinson.

Before POLITZ, Chief Judge, REYNALDO G. GARZA, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, SMITH, DUHÉ, WIENER, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

DUHÉ, Circuit Judge:

Proceedings Below and Appellate Jurisdiction

Meyerland Co. and William M. Adkinson sued Continental Savings Association ("Continental") for, among other things, usury and fraud in state court. Continental counterclaimed for fraud and breach of contract. The trial court awarded Continental $30,031,089.99 and Adkinson $1,124,109.59 in damages. Meyerland and Adkinson appealed.

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