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OLANDER v. COMPASS BANK

No. 03-20048.

363 F.3d 560 (2004)

Gary M. OLANDER, Plaintiff-Counter Defendant-Appellee-Cross-Appellant, Whitney National Bank, Intervenor Plaintiff-Appellee-Cross-Appellant, v. COMPASS BANK; Compass Bancshares, Inc., Defendants-Counter Claimants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

April 6, 2004.

Attorney(s) appearing for the Case

Gregg M. Rosenberg, Gregg M. Rosenberg & Associates, Houston, TX, for Olander.

Sherrard Lee Hayes, Rebecca Edgar Melton (argued), Thomas Andrew Nesbitt, Fulbright & Jaworski, Austin, TX, for Whitney Nat. Bank.

Neil G. Martin (argued), Kimberly R. Phillips, Gardere, Wynne & Sewell, Houston, TX, for Compass Bank and Compass Bancshares, Inc.

Before HIGGINBOTHAM, SMITH, and WIENER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

All parties appeal the disposition of a suit involving six stock option agreements. The district court held that Gary Olander owed Compass Bank ("Compass") the profits received under two of the agreements. On appeal, Compass argues that it should have received all the profits. On cross-appeal, Olander and Whitney Bank ("Whitney") contend that Olander owed Compass none of the profits.1 Agreeing...

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