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SMS FINANCIAL, LTD. LIABILITY v. ABCO HOMES, INC.

No. 98-50117.

167 F.3d 235 (1999)

SMS FINANCIAL, LIMITED LIABILITY COMPANY, Plaintiff-Appellant, v. ABCO HOMES, INC.; Abbott Consolidated Industries, Inc.; Abbott Development Company; H. Eugene Abbott; Richard E, Abbott, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 18, 1999.

Attorney(s) appearing for the Case

James W. Essman, James P. Boldrick, Boldrick, Clifton, Holland & Essman, Midland, TX, for Plaintiff-Appellant.

Robert Keith Whitt, Midland, TX, for ABCO Homes, Inc.

Roy Lee Bell, Odessa, TX, for Abbott Consol. Industries, Inc., Abbott Development Co., H. Eugene and Richard E. Abbott.

Before SMITH, DUHÉ and WIENER, Circuit Judges.

DUHÉ, Circuit Judge:

SMS Financial L.L.C. ("SMS"), sued to recover on a promissory note issued by ABCO Homes, Inc. ("ABCO"), Abbott Consolidated Industries, Inc. ("ACI"), Abbott Development Co. ("ADCO"), H. Eugene Abbott, and Richard E. Abbott (collectively, "Defendants"). SMS appeals on the following grounds the district court's grant of summary judgment for the Defendants: (1) it is the holder and owner of the note; (2) equitable estoppel; (3) limitations;...

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