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CADLE CO. v. 1007 JOINT VENTURE

No. 95-50403.

82 F.3d 102 (1996)

CADLE COMPANY, Plaintiff-Appellant, v. 1007 JOINT VENTURE; James P. Halbert; William N. Rush; Lowell J. Haro; Gregory M. Kronberg; James P. McMichael; William H. Sayre; Anthony B. Seidenberg, Estate of David H. Cheney; David G. Hopkins, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 22, 1996.

Attorney(s) appearing for the Case

Michael Lamar Jones, Lane M. Luskey, Henry, Meier & Jones, Dallas, TX, for plaintiff-appellant.

David L. Evans, Thomas Matthew Michel, Hooper, Evans & Kobs, Fort Worth, TX, Troy Lee Voelker, Frank L. Leffingwell, McNery & Voelker, Round Rock, TX, for defendants-appellees.

Before POLITZ, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal arises out of a suit on a promissory note executed by 1007 Joint Venture. The question is whether suit was barred by limitations. The note changed hands several times before The Cadle Company acquired it. Cadle Company then sued Joint Venture to collect a deficiency due on the note. Joint Venture moved for summary judgment, arguing that Cadle Company's suit was time-barred under Texas law. Cadle Company responded...

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