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LONG v. TURNER

No. 96-11468.

134 F.3d 312 (1998)

James A. LONG, and wife; James A. King, and wife; Raymond King, and wife; Jerry Pate Long, and wife; Homer L. Long, and wife; Kelvin King, and wife; Truman Smith, and wife; Sam Fulton, and wife; David Sweeney, and wife; Jimmy Sweeney, and wife; James Sweeney; Bob Graves, and wife; John Ratliff, and wife; Dennis Ratliff, and wife; J.P. Ratliff, and wife, Plaintiffs-Counter Defendants-Appellees-Cross Appellants, Gayle Long; Mary Ann King; Minnie Lee King; Susie Long; Ann Long; Sharon King; Nadaiah Smith; Madge Fulton; Sue Sweeney; Lynette Sweeney; Mariana Graves; Diana Ratliff; Toni Ratliff; Mary Blanche Ratliff, Plaintiffs-Counter Defendants-Appellees, v. Kenneth T. TURNER, Individually, Defendant-Counter Claimant, and Firstrust Corporation, Defendant-Counter Claimant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 26, 1998.

Attorney(s) appearing for the Case

Harold Houston Pigg, Lubbock, TX, for Plaintiffs-Counter Defendants-Appellees and Cross-Appellants.

Charles B. Russell, Wichita Falls, TX, for Firstrust Corp.

Before GARWOOD, DUHÉ and DeMOSS, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiffs-appellees Long, et al., (appellees) brought this Texas law diversity action against defendant Kenneth Turner (Turner), individually, and defendant-appellant Firstrust Corporation (Firstrust) seeking a declaratory judgment, pursuant to 28 U.S.C. § 2201, that appellees had been released from liability on a judgment by the Resolution Trust Corporation (RTC), Firstrust's predecessor in interest as owner of the judgment. Firstrust...

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