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COMMONS WEST OFFICE CONDOS v. RESOLUTION TRUST

No. 92-5652.

5 F.3d 125 (1993)

COMMONS WEST OFFICE CONDOS, LTD., Plaintiff, v. RESOLUTION TRUST CORPORATION, in its capacity as Receiver for Bexar Savings Association, Defendant-Third Party Plaintiff-Appellee, v. Clinton WEILBACHER, Third-Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 22, 1993.

Attorney(s) appearing for the Case

Herbert E. Pounds, Jr., San Antonio, TX, for appellant.

Clinton Weilbacher, pro se.

Elizabeth Joan Lindell, Davidson, Troilo & Booth, San Antonio, TX, for appellee.

Before POLITZ, Chief Judge, REAVLEY and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Clinton Weilbacher was found liable by the district court for 100% of the outstanding indebtedness on a promissory note that he executed as general partner, on behalf of Commons West Office Condos, Ltd. (the "partnership"). Weilbacher appeals, claiming that he executed a guaranty agreement which limited his liability to 25% of the indebtedness. Finding no error, we affirm.

I

On behalf of the partnership, Weilbacher...

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