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WICHITA FALLS OFFICE ASSOCIATES v. BANC ONE CORP.

No. 91-7303.

978 F.2d 915 (1992)

WICHITA FALLS OFFICE ASSOCIATES, Plaintiff-Appellant, v. BANC ONE CORPORATION, et al., Defendants, Banc One Corporation and Bank One, Texas, N.A., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 20, 1993.

Attorney(s) appearing for the Case

Warren L. Dennis, Proskauer, Rose, Goetz & Mendelsohn, Washington, D.C., Herman L. Goldsmith, Proskauer, Rose, Goetz & Mendelsohn, New York City, Robert E. Goodfriend, Dallas, Tex., for plaintiff-appellant.

Robert J. Clary, Owen, Clary & Akin, Dallas, Tex., for defendants-appellees.

Before REYNALDO G. GARZA and GARWOOD, Circuit Judges and ROSENTHAL, District Judge.

REYNALDO G. GARZA, Circuit Judge:

Wichita Falls Office Associates ("WFOA") commenced suit against Banc One Corporation and Bank One, Texas, N.A. (collectively "Banc One") in order to determine their respective rights under an office building lease. The district court granted summary judgment to the defendants. Because the district court prematurely terminated discovery we REVERSE and REMAND.

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