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MATTER OF VINEYARD BAY DEVELOPMENT CO., INC.

No. 97-50506, Summary Calendar.

132 F.3d 269 (1998)

In the Matter of: VINEYARD BAY DEVELOPMENT COMPANY, INC., Debtor. Thomas N. KEARNS, Appellant, v. VINEYARD BAY DEVELOPMENT COMPANY, INC.; Alamo Title Insurance; Bruce Liesman, Appellees.

United States Court of Appeals, Fifth Circuit.

January 19, 1998.

Attorney(s) appearing for the Case

W.J. Sames, III, Corpus Christi, TX, for Appellant.

Travis R. Phillips, Dolores Geraldine Hunkler, Phillips & Merica, Austin, TX, for Vineyard Bay Development Co., Inc.

Carol C. Clark, G. Michael Lawrence, Austin, TX, for Alamo Title Ins. and Liesman.

Before JOLLY, BENAVIDES and PARKER, Circuit Judges.

BENAVIDES, Circuit Judge:

Thomas Kearns appeals the district court's grant of summary judgment to Vineyard Bay Development Company, Inc. ("Vineyard Bay"), Alamo Title Insurance ("Alamo"), and Bruce Liesman.

I.

Hugh Robertson, the president of Vineyard Bay, and his wife, Maureen, were personal friends of Thomas Kearns and his wife. Vineyard Bay borrowed $800,000 from Kearns and executed a promissory note made payable to Kearns in that amount. The...

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