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F.D.I.C. v. PATEL

No. 94-10607 Summary Calendar.

46 F.3d 482 (1995)

FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, Plaintiff-Counter Defendant-Appellee, v. Vinodbhai T. PATEL, a/k/a Vino T. Patel, Defendant-Counter Plaintiff-Appellant, v. NATIONSBANK, f/k/a NCNB Texas National Bank NA, Counter Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 2, 1995.

Attorney(s) appearing for the Case

Sim Israeloff, Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, for appellant.

William Frank Carroll, Warren Dale Campbell, Craig Reese, Donohoe Jameson & Carroll, Charles L. Perry, Mark Turk, Arter Hadden Johnson & Bromberg, Debra Tourtellotte, Sweet & Brousseau, Dallas, TX, for FDIC and Nationsbank.

Before REAVLEY, DAVIS and DeMOSS, Circuit Judges.

REAVLEY, Circuit Judge:

This is an appeal from a judgment in favor of Federal Deposit Insurance Corporation in its corporate capacity ("FDIC-C") and NationsBank in a suit for collection of the deficiency balance owing under a promissory note signed by Vinodbhai Patel. We affirm in part and vacate and remand in part.

BACKGROUND

Patel executed a promissory note (the "Note") in the principal amount of $2,500,000.00, payable to First RepublicBank Dallas...

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