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F.D.I.C. v. GRAHAM

No. B14-92-00872-CV.

882 S.W.2d 890 (1994)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Western Bank-Westheimer, Appellant, v. Alan J. GRAHAM, Michael R. Macari, George R. Hinsley, & Fred T. Magee, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

August 4, 1994.

Attorney(s) appearing for the Case

David Groveman, Houston, for appellant.

Robert V. Holland, Jr., Houston, Kurt M. Sauer, Austin, John H. Boswell, Houston, for appellees.

Before SEARS, LEE and WILLIAM E. JUNELL (Retired), JJ.

OPINION

WILLIAM E. JUNELL, Justice (Retired).

I. Nature of the Case

This is a breach-of-contract case. Federal Deposit Insurance Corporation ("FDIC") as Receiver for Western Bank-Westheimer ("Bank") sued Alan J. Graham and Michael R. Macari ("Borrowers") as well as George R. Hinsley and Fred T. Magee ("Guarantors") on a note and guarantees. Borrowers/Guarantors counterclaimed to enforce an agreement to reschedule the debt ("Restructure Agreement...

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