NCNB TEXAS NAT. BANK v. JOHNSON

Nos. 92-5677, 92-5678.

11 F.3d 1260 (1994)

NCNB TEXAS NATIONAL BANK, et al., Plaintiffs, v. Ben JOHNSON, et al., Defendants. Fred ANDERSON, Defendant-Counter-Claimant-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its Corporate Capacity for NCNB, Defendant-Appellee, and FDIC, as receiver of National Bank of Fort Sam Houston, Intervenor-Counter-Defendant-Appellee. FEDERAL DEPOSIT INSURANCE CORP., In its Corporate Capacity, Plaintiff-Appellee, v. Frank J. CORTE, et al., Defendants. Fred ANDERSON, Defendant-Counter-Claimant-Appellant, v. FDIC as Receiver of NCNB Texas National Bank and National Bank of Fort Sam Houston, Counter-Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 19, 1994.


Attorney(s) appearing for the Case

Reba A. Eichelberger, Baytown, TX, for appellant.

John Alexander Huddleston, Andrew L. Kerr, Groce, Locke & Hebdon, San Antonio, TX, for appellee.

Jaclyn C. Taner, Colleen B. Bombardier, Washington, DC, for FDIC/Nat'l Bank of Fort Sam Houston in both cases.

John Alexander Huddleston and Andrew L. Kerr, Groce, Locke & Hebdon, San Antonio, TX, for FDIC in No. 92-5678.

Frank J. Corte, pro se.

Before SNEED, REYNALDO G. GARZA, and JOLLY, Circuit Judges.


REYNALDO G. GARZA, Circuit Judge:

These cases involve a bank's suit to collect from the guarantor of a defaulting borrower. The district court granted summary judgment against the defendant guarantor. Defendant appeals.

I.

FACTS

On June 28, 1985, Quest Development, Inc. ("Quest") borrowed $1,828,000 from the National Bank of Fort Sam Houston ("Sam Houston Bank"). Quest's three shareholders...

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