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F.D.I.C. v. WAGGONER

No. 92-1925.

999 F.2d 826 (1993)

FEDERAL DEPOSIT INSURANCE CORPORATION as receiver for Liberty Federal Savings and Loan Association, Plaintiff-Appellee, v. Jack WAGGONER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 23, 1993.

Attorney(s) appearing for the Case

John L. Foster, Minton, Burton, Foster & Collins, Austin, TX, for defendant-appellant.

E. Whitney Drake, Special Counsel, F.D.I.C., Washington, DC, for plaintiff-appellee.

Before GOLDBERG, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The FDIC sued Jack Waggoner on a promissory note. The district court granted the FDIC summary judgment and Waggoner appeals. Because three notes were tied together by their terms and in the note case when the FDIC arrived, the principle of D'Oench, Duhme does not bar consideration of all three in determining whether personal liability was created. We find that under Texas law the extension and renewal of a note without...

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