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FEDERAL SAV. AND LOAN INS. CORP. v. MACKIE

No. 90-8355.

949 F.2d 818 (1992)

FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, et al., Plaintiffs, Southwest Federal Savings Association and the Resolution Trust Corporation as Receiver for Southwest Savings Association, Plaintiffs-Appellees, v. Thomas S. MACKIE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 6, 1992.

Attorney(s) appearing for the Case

Robert H. Renneker and Dan W. Shieder, Jr., Rosenfield, Mittenthal & Shieder, Dallas, Tex., for defendant-appellant.

David L. Evans, Jeffrey H. Kobs, and Paul Powers, Hooper & Evans, Fort Worth, Tex., for plaintiffs-appellees.

Before WISDOM, KING, and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Lamar brought suit against Mackie in state court to enforce a promissory note. Lamar became insolvent and the FSLIC was appointed receiver. The FSLIC transferred all of Lamar's assets, including the note, to Southwest. The FSLIC removed the case to federal district court. The FSLIC was then dismissed from the case and Southwest moved for summary judgment. Mackie responded by asserting various affirmative defenses and counterclaims, including...

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