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TX DEPT. HOUSING & COMM. AFFAIRS v. VEREX ASSUR.

No. 94-10794.

68 F.3d 922 (1995)

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, f/k/a Texas Housing Agency, Plaintiff-Appellant, v. VEREX ASSURANCE, INC., et al., Defendants, Verex Assurance, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 9, 1995.

Attorney(s) appearing for the Case

William C. Davidson, Joseph & Thornhill, Austin, TX, for appellant.

William Louis Kirkman, Joel P. Smyer, Bourland, Kirkman & Seidler, Ft. Worth, TX, for appellee.

Before HIGGINBOTHAM and PARKER, Circuit Judges, and BROWN, District Judge.

ROBERT M. PARKER, Circuit Judge:

Plaintiff Texas Department of Housing and Community Affairs appeals the district court's judgment in favor of Defendant Verex Assurance, Inc. We affirm in part, vacate in part, and remand.

I. BACKGROUND

The plaintiff, Texas Department of Housing and Community Affairs, formerly known as Texas Housing Agency ("THA"), is an official governmental agency of the State of Texas. THA was created to provide mortgage financing...

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