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NUTRO PRODUCTS CORP. v. NCNB TEXAS NAT. BANK

Nos. 93-2596, 93-2635.

35 F.3d 1021 (1994)

NUTRO PRODUCTS CORPORATION, Plaintiff-Appellant, v. NCNB TEXAS NATIONAL BANK, and Federal Deposit Insurance Corporation as Receiver for First Republic Bank, Houston, N.A., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Corrected October 21, 1994.

Rehearing Denied November 17, 1994.

Attorney(s) appearing for the Case

Thomas Lee Bartlett, Tom F. Coleman, Coleman, Bartlett & Assn., Houston, TX, for appellant in No. 93-2596.

Claire L. McGuire, Washington DC, Michael D. Conner, Jay N. Gross, Hirsch & Westheimer, Houston, TX, for FDIC in No. 93-2596.

Robert D. Daniel, Michael D. Weiss, Daniel & Lezar, Houston, TX, for NCNB Texas Nat. Bank.

Thomas L. Bartlett, Coleman, Bartlett & Assoc., Houston, TX, for appellant in No. 93-2635.

Claire L. McGuire, Washington DC, Michael D. Conner, Joseph S. Cohen, Hirsch & Westheimer, Houston, TX, for FDIC in No. 93-2635.

Before WISDOM, DAVIS and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

We are asked to review the denial of a request for remand and to determine whether summary judgment was properly entered against Plaintiff-Appellant Nutro Products. Nutro sued NCNB Texas National Bank in state court alleging breach of contract because of NCNB's refusal to extend a Standby Letter of Credit. The FDIC-Receiver intervened and removed the case to federal court. Nutro moved to remand. The court denied Nutro's motion and Nutro appeals...

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