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RHOADES v. CASEY

No. 97-20819.

196 F.3d 592 (1999)

Robert E. RHOADES, Trustee for the FirstBanc Savings Association Employee Stock Ownership Plan, Plaintiff-Appellee, v. Michael E. CASEY; et al., Defendants, Michael E. Casey, Defendant-Counter Claimant-Appellant, v. The Texas Savings and Loan Department; Kathy Barnes; Vivian Wechie, Defendants-Appellees, and The Office of Thrift Supervision, Defendant-Counter Defendant-Appellee. Director of the Office of Thrift Supervision, U.S. Department of the Treasury, Plaintiff-Appellee, v. Michael E. Casey, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 3, 1999.

Attorney(s) appearing for the Case

Jeffrey T. Knebel (argued), Jackson Walker, Austin, TX, for Rhoades.

Gary Clifford Anderberg, Joseph F. Griffin (argued), Irving, TX, for Director of Office of Thrift Supervision, U.S. Dept. of Treasury and Office of Thrift Supervision.

Scott Rothenberg (argued), Bellaire, TX, for Casey.

Mark Hallie Holland, Austin, TX, for Texas Savings and Loan Dept.

Vivian Wechie, Missouri City, TX, pro se.

Before KING, Chief Judge, and SMITH and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Defendant-Appellant Michael E. Casey appeals the district court's grant of summary judgment in favor of the Office of Thrift Supervision and the Texas Savings and Loan Department. The appellant also challenges the district court's order which distributed the disputed retirement benefits to other retirement plan participants, and the award of attorney's fees to Plaintiff-Appellee Robert Rhoades. For the following reasons we affirm.<...

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