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FIRST GIBRALTAR BANK, FSB v. SMITH

No. 94-10385.

62 F.3d 133 (1995)

FIRST GIBRALTAR BANK, FSB, Plaintiff-Counter Defendant-Appellee, v. Jimmy D. SMITH, et al., Defendants, Thomas A. Oddo, Defendant-Counter Plaintiff-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 28, 1995.

Attorney(s) appearing for the Case

Anthony A. Petrocchi, Christopher M. Weil, Weil & Petrocchi, Dallas, TX, for appellant.

Mark Curtis Taylor, Liddell, Sapp, Zivley, Hill & LaBoon, Dallas, TX, for appellee.

Before WISDOM, DUHÉ and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Appellant Thomas A. Oddo ("Oddo") appeals both the district court's dismissal of his counterclaims under both the Texas Debt Collection Act, TEX.REV.CIV.STAT.ANN. art. 5069-11.01 et seq. and the Federal Fair Debt Collection Act, 15 U.S.C. § 1692 et seq., and the court's calculation of damages owed to Appellee First Gibraltar Bank ("First Gibraltar") on the guaranty signed by Oddo. We affirm.

I.

On June...

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