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5636 ALPHA ROAD v. NCNB TEXAS NAT. BANK

Civ. A. No. 3:93-CV-1304-D.

879 F.Supp. 655 (1995)

5636 ALPHA ROAD, a Joint Venture Consisting of Oscar Olchyk, Blaine A. Steinberg, Marianne R. Steinberg, J. Richard Whittington as Trustee for the Sara Crockett Whittington Trust, and Don Zelezny, Plaintiff, v. NCNB TEXAS NATIONAL BANK, n/k/a Nations Bank, Defendant.

United States District Court, N.D. Texas, Dallas Division.

March 22, 1995.

Attorney(s) appearing for the Case

Susan Barilich, Dallas, TX, for plaintiff.

Gordon M. Shapiro and Alan N. Greenspan of Jackson & Walker, L.L.P., Dallas, TX, for defendant.

FITZWATER, District Judge:

The instant motion for summary judgment presents questions concerning the liability of a bridge bank arising from a loan commitment made by its predecessor, a failed national bank. Among the issues presented is whether 12 U.S.C. § 1821(n)(4)(I), a provision of FIRREA,1 should be applied retroactively.

I

This is an action by plaintiff 5636 Alpha Road, a Joint Venture ("Alpha"), against defendant...

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