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POLLOCK v. F.D.I.C.

No. 92-9010.

17 F.3d 798 (1994)

Merlyn J. POLLOCK, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, As Receiver for First City Texas Dallas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 6, 1994.

Attorney(s) appearing for the Case

David Jude Gallo, Fedynyshyn & Gallo, San Diego, CA, for plaintiff-appellant.

Manuel A. Palau, F.D.I.C., Washington, DC, Neil J. Orleans, James W. Morris, Goins, Underkofler, Crawford & Langdon, Dallas, TX, for defendant-appellee.

Before GOLDBERG, JOLLY, and BARKSDALE, Circuit Judges.

GOLDBERG, Circuit Judge:

The parties in this case have separately orchestrated a series of mortgage transactions and have fashioned clashing interpretations of a common work. Both Merlyn Pollock ("Pollock") and the Federal Deposit Insurance Corporation ("FDIC") have attempted to present a melodious symphony to the court. Despite utilizing the same notation, the same sheet music, the same instruments documenting their transaction, the parties produce contrapuntal arrangements...

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