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F.D.I.C. v. MASSINGILL

No. 93-1258.

24 F.3d 768 (1994)

FEDERAL DEPOSIT INSURANCE CORPORATION, in its Corporate Capacity, Plaintiff-Appellee, v. Billy D. MASSINGILL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 6, 1994.

Attorney(s) appearing for the Case

Floyd D. Holder, Jr., Richard D. Ladd, John Simpson, Splawn & Simpson, Lubbock, TX, for appellant.

S. Alyssa Roberts, FDIC, Washington, DC, Harold H. Pigg, Lubbock, TX, for appellee.

Before HIGGINBOTHAM and WIENER, Circuit Judges, and KAUFMAN, District Judge.

FRANK A. KAUFMAN, District Judge:

This case arises from an action brought by the Federal Deposit Insurance Corporation ("FDIC") against Billy D. Massingill for the amounts owed upon two promissory notes ("Notes") issued by Massingill and another individual to a now-defunct New Mexico bank. United States District Judge Sam R. Cummings, in a partial summary judgment order issued pursuant to Fed.R.Civ.P. 56(d) and upon the conclusion of a bench trial, entered judgment...

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