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McMILLAN v. MBANK FORT WORTH, N.A.

No. 90-1111.

4 F.3d 362 (1993)

John V. McMILLAN, et al., Plaintiffs, John DiPalma and Palmnold-McMillan Joint Venture, Plaintiffs-Appellants, v. MBANK FORT WORTH, N.A., et al., Defendants, Federal Deposit Insurance Corporation as receiver for MBank Fort Worth, N.A., Defendant-Appellee, and Bank One Texas, N.A., f/k/a Deposit Insurance Bridge Bank, N.A., Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

October 14, 1993.

Attorney(s) appearing for the Case

James B. Barlow, Eugene J. Dozier, Barlow, Garsek & Bowers, Ft. Worth, TX, for plaintiffs-appellants.

W. Ralph Canada, Jr., Nancy T. Beggs, Hopkins, Sutter & Clark, Dallas, TX, for appellees.

Before HIGGINBOTHAM and EMILIO M. GARZA, Circuit Judges, and BUCHMEYER, District Judge.

EMILIO M. GARZA, Circuit Judge:

This case requires us to determine the propriety of the district court's judgment non obstante veredicto1 on claims arising from the alleged breach of an oral loan agreement. Finding those claims barred as a matter of law by the doctrine enunciated in D'Oench, Duhme & Co. v. FDIC, 315 U.S. 447, 62 S.Ct. 676, 86 L.Ed. 956 (1942), we affirm.

I

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