JERRY E. SMITH, Circuit Judge:
I.
The facts and underlying transactions in this complex commercial case are set forth in the substitute opinion of the Texas Court of Appeals, which we attach as an appendix to this opinion. See San Jac Fin. Servs. v. 5300 Memorial Investors, No. 01-88-00579-CV, 1990 WL 107921, 1990 Tex.App. LEXIS 1857 (Tex.App. — Houston [1st Dist.] July 26, 1990, writ mooted by removal to federal district court) (unpublished...
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