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

No. 90-8355.

962 F.2d 1144 (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.

May 29, 1992.

Attorney(s) appearing for the Case

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

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

Before WISDOM, KING, and JOLLY, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion January 6, 1992, 5 Cir., 1992, 949 F.2d 818)

E. GRADY JOLLY, Circuit Judge:

We withdraw our previous opinion, FSLIC v. Mackie, 949 F.2d 818 (5th Cir. 1992), and substitute the following opinion therefor. Substantively, only parts IV and V have been changed, but these changes result in a remand...

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