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F.D.I.C. v. FULLER

No. 92-1335.

994 F.2d 223 (1993)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellee Cross-Appellant, v. Rex P. FULLER, Individually and as Independent Executor of the Estate of R.P. Fuller, deceased, Defendant-Appellant Cross-Appellee, and Ann Fuller Clayton, f/k/a Ann Fuller Lydick, and Jane Fuller Jackson, d/b/a Lydick-Jackson Joint Venture, Defendants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

June 21, 1993.

Attorney(s) appearing for the Case

Gary M. Bellair, Donald M. Hunt, Carr, Fouts, Hunt, Craig, Terrill & Wolfe, L.L.P., Lubbock, TX, for Fuller.

Christopher M. Weil, Anthony Alan Petrocchi, Weil & Petrocchi, Dallas, TX, for Jackson.

Brad Miller, Andrew Harper Estes, Lynch, Chappell & Alsup, Midland, TX, for F.D.I.C.

Ann Fuller Clayton, pro se.

Before WISDOM, GARWOOD, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

I.

The FDIC sued on a promissory note executed by Rex P. Fuller on behalf of himself, his sisters, Ann Fuller Lydick Clayton and Jane Fuller Jackson, and his father, R.P. Fuller in favor of Continental Illinois National Bank and Trust Company of Chicago in December 1984. The makers defaulted in May 1986 and Continental accelerated the note and sued in September 1986. Fuller...

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