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CLARDY MFG. CO. v. MARINE MIDLAND BUSINESS LOANS

No. 95-10688.

88 F.3d 347 (1996)

CLARDY MANUFACTURING COMPANY, Plaintiff-Appellee/Cross-Appellant, v. MARINE MIDLAND BUSINESS LOANS INC, Defendant-Appellant/Cross-Appellee, and Jim L. Ely, Movant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied August 28, 1996.

Attorney(s) appearing for the Case

Stephen L. Tatum, Beale B. Dean, Richard Wayne Wiseman, Grant Liser, Brown, Herman, Scott, Dean & Miles, Fort Worth, TX, Terri Kay Oliver, Office of the Attorney General, Austin, TX, for Clardy Mfg. Co.

James E. Essig, John L. Hill, Jr., Liddell, Sapp, Zivley, Hill & LaBoon, Houston, TX, Edwin R. DeYoung, Michael Silvey Linscott, Liddell, Sapp, Zivley, Hill & LaBoon, Dallas, TX, for Marine Midland Business Loans, Inc.

Before WISDOM, EMILIO M. GARZA and PARKER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied August 28, 1996.

EMILIO M. GARZA, Circuit Judge:

Plaintiff Clardy Manufacturing Company ("Clardy Manufacturing") sued Marine Midland Business Loans, Inc. ("Marine"), alleging that Marine breached its commitment to lend under a satisfaction contract. Following a bench trial, the district court concluded that Marine had obligated itself to make a loan to Clardy Manufacturing under the satisfaction contract...

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