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BLUEBONNET SAV. BANK v. JONES COUNTRY

No. 96-0042.

920 S.W.2d 670 (1996)

BLUEBONNET SAVINGS BANK f/k/a Consolidated Federal Savings Bank, et al., Petitioners, v. JONES COUNTRY, INC., Respondent.

Supreme Court of Texas.

Rehearing Overruled May 31, 1996.

Attorney(s) appearing for the Case

R. Lynn Fielder, Keith B. Cummiskey, Dallas, for Petitioners.

Nelda Carmen Sanc Adamson, Clayton E. Dark, Jr., Lufkin, for Respondent.

PER CURIAM.

This case involves application of the federal common law D'Oench, Duhme doctrine. The court of appeals held that the parties memorialized their agreement in the bank's files according to D'Oench, Duhme requirements. 911 S.W.2d 871. We disagree.

The D'Oench, Duhme doctrine protects the FDIC and its assignees, who receive a failed financial institution's assets, from a borrower who has "lent...

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