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TAYLOR v. BANK ONE, TEXAS, N.A.

Civ. A. No. H-90-3815.

137 B.R. 624 (1992)

Jimmy F. TAYLOR, as the Administrative Committee, and for and on behalf of the Welfare Plan of Mercantile Employees' Beneficiary Association, and Ameritrust Texas, N.A., Trustee of Mercantile Employees' Beneficiary Association Trust, Plaintiffs, v. BANK ONE, TEXAS, N.A., the Deposit Insurance Bridge Bank Employees' Beneficiary Association Trust, the Welfare Plan of Bank One, Texas, Employees' Beneficiary Association, Banc One Mortgage Company of Texas f/k/a MBank Mortgage Company, MCorp, MCorp Financial, and MCorp Management, Defendants.

United States District Court, S.D. Texas, Galveston Division.

Order on Motion to Amend or Alter Judgment February 18, 1992.

Attorney(s) appearing for the Case

John H. Bennett, Jr., Pohl & Bennett, Houston, Tex., for plaintiffs.

Thomas D. Graber, Hopkins & Sutter, Dallas, Tex., Peter F. Lovato, III, Nancy J. Anglin, Dallas, Tex., for defendants Bank One Texas, N.A., Bank One Texas Employees' Beneficiary Trust, Welfare Plan of Bank One, Texas, Employees' Beneficiary Ass'n and Banc One Mortg. Co. of Texas.

Riva T. Johnson, Hughes & Lace, L.L.P., Dallas, Tex., Douglas S. Sandage, Sullivan, King, & Sabom, P.C., Houston, Tex., for defendants MBank El Paso N.A., MBank Brownsville, N.A., MBank New Braunfels N.A. and MBank Waco N.A.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

KENT, District Judge.

This cause came on for non-jury trial, before this Court, on November 13-15, 1991. The case was excellently prepared and presented, by both sides. Not only was the Court privileged to witness exceptional advocacy, by all counsel involved in the case, but the Court had the additional privilege of meeting and listening to some remarkable witnesses. This Court is absolutely convinced that this case...

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