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FLORIDA DEPT. OF INS. v. CHASE BANK OF TEXAS

No. 01-10272.

274 F.3d 924 (2001)

FLORIDA DEPARTMENT OF INSURANCE, as receiver of Western Star Insurance Company, Ltd., Plaintiff-Appellant, v. CHASE BANK OF TEXAS NATIONAL ASSOCIATION, formerly known as Texas Commerce Bank National Association, formerly known as Ameritrust of Texas National Association, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 30, 2001.

Attorney(s) appearing for the Case

William J. VanDercreek (argued), Dallas, TX, Donald O. Colleluori, Figari, Davenport & Graves, Dallas, TX, W. Scott Newbern, Tallahassee, FL, John W. Frost, II, Robert J. Aranda, Frost & Saunders, Bartow, FL, for Plaintiff-Appellant.

Kirte Matheu Kinser, Roger B. Cowie (argued), Locke Liddell & Sapp, Dallas, TX, for Defendant-Appellee.

Mark P. Richelson, Donald R. Currier, Los Angeles, CA, for State of California, Amicus Curiae.

Before REAVLEY, HIGGINBOTHAM and PARKER, Circuit Judges.

REAVLEY, Circuit Judge:

The Florida Department of Insurance (Florida), receiver for Western Star Insurance Company, appeals the district court's order granting Chase Bank of Texas's Motion for Summary Judgment, and denying Florida's Cross-Motion for Summary Judgment. The district court dismissed Florida's claims for fraud and breach of fiduciary duty against Chase Bank, who was trustee of a trust established to (1) allow Western Star to conduct business in California...

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