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WHITE v. F.D.I.C.

No. 93-2041.

19 F.3d 249 (1994)

Charles W. WHITE, et al., Plaintiffs, v. FEDERAL DEPOSIT INSURANCE CORPORATION, As Receiver for Texas American Bank-Galleria, et al., Defendants. FEDERAL DEPOSIT INSURANCE CORPORATION, As Successor in Interest to NCNB Texas National Bank, Defendant-Appellee, v. Toni Y. KOZAK, Trustee of Black Family Trust, Howard R. Block, Porter & Clements and John E. O'Neill, Intervenors-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 16, 1994.

Attorney(s) appearing for the Case

Hamberg, Huvard & Bisk, Mark A. Huvard, Houston, TX, for Kozak and Howard.

J. Eugene Clements, Jerry L. Mitchell, Jr., Clements, O'Neill & Pierce, L.L.P., Houston, TX, for O'Neill.

Warren W. Harris, Daniel K. Hedges, Porter & Hedges, L.L.P., Houston, TX, for Porter & Clements.

H. Fred Cook, Hirsch & Westheimer, Houston, TX, for F.D.I.C.

Before DUHÉ, and EMILIO M. GARZA, Circuit Judges and STAGG, District Judge.

STAGG, District Judge:

Intervenors-Appellants, Toni Y. Kozak, Howard R. Block, Porter & Clements and John E. O'Neill (the "Appellants"), appeal from a summary judgment rendered in favor of Defendant-Appellee, the FDIC. Finding that the district court erred in granting summary judgment, we reverse.

I.

FACTS AND PROCEEDINGS

This matter comes to the court for the second time. An earlier panel reversed summary judgment in favor of NCNB...

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