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MBANK HOUSTON, NAT. ASS'N v. ARMCO, INC.

Nos. 90-2723, 91-2884 and 92-2496.

1 F.3d 1439 (1993)

MBANK HOUSTON, NATIONAL ASSOCIATION, Plaintiff, v. ARMCO, INC., Defendant. The DEPOSIT INSURANCE BRIDGE BANK, etc., et al., Plaintiffs, A.W.H., I, Ltd., Plaintiff-Appellant, v. ARMCO, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 2, 1993.

Attorney(s) appearing for the Case

Roger Townsend, Janice Kemp, Fulbright & Jaworski, B.J. Walter, Jr., Nathan, Wood & Sommers, Houston, TX, for plaintiff-appellant in No. 90-2723.

Stephen D. Susman, E.L. Vincent, Susman Godfrey, L.L.P., Bradley Westmoreland, Westmoreland & Crain, Houston, TX, for defendant-appellee in Nos. 90-2723, 91-2884.

Roger Townsend, Fulbright & Jaworski, B.J. Walter, Jr., Nathan, Wood & Sommers, Houston, TX, for plaintiff-appellant in No. 91-2884.

Roger Townsend, Fulbright & Jaworski, Marvin D. Nathan, David Lee Crawford, B.J. Walter, Jr., Nathan, Wood & Sommers, Houston, TX, for plaintiff-appellant in No. 92-2496.

Stephen D. Susman, Susman Godfrey, L.L.P., Bradley Westmoreland, Westmoreland & Crain, Houston, TX, for defendant-appellee in No. 92-2496.

Before JOLLY and DAVIS, Circuit Judges, and LEE, District Judge.

E. GRADY JOLLY, Circuit Judge:

These appeals arise from a "build-to-suit" transaction in which A.W.H.-I, Ltd. ("AWH")2 constructed an office building complex in Houston, Texas ("the Enclave"), pursuant to the specifications of Armco, Inc., for the worldwide headquarters of its National Supply Company Division. Although Armco entered into a 15-year lease, it never moved in. It did pay rent for four months, but then returned the keys to...

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