CHILDERS v. PUMPING SYSTEMS, INC.

No. 91-1282.

968 F.2d 565 (1992)

Carroll CHILDERS, Plaintiff-Appellant, v. PUMPING SYSTEMS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 19, 1992.


Attorney(s) appearing for the Case

Jack Holland, Holland & Holland, Houston, Tex., for plaintiff-appellant.

Michael Wimer, Wimer & Jobe, Hubert A. Crouch, III, Dallas, Tex., for defendants-appellees Pumping Systems, Inc. and Pettengill.

Before WILLIAMS, JOLLY, and HIGGINBOTHAM, Circuit Judges.


JERRE S. WILLIAMS, Circuit Judge:

Carroll Childers brought suit in Texas state court to recover stock held in escrow by Texas American Bank. His suit was based upon the claim that Pumping Systems, Inc. and Jerry Pettengill breached a previous settlement agreement. Pumping Systems, Inc. and Pettengill countersued seeking a declaratory judgment that they did not breach the agreement. The FDIC removed the case to federal district court when it became receiver for the...

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