Legal Opinion

Allied Elevator, Inc. v. East Texas State Bank of Buna

Court of Appeals for the Fifth Circuit

Decided July 8, 1992No. 91-4434PublishedCited by 6 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

Appellants appeal the summary judgment the district court granted to the FDIC in its effort to collect on a note. We conclude that summary judgment was inappropriate because two issues of material fact were presented. We therefore reverse and remand.

I

On February 11, 1985, Allied Elevator, Inc. (Allied) and its owner, Bobby G. Pierce, borrowed $50,000 from East Texas State Bank of Buna, Texas (Bank) and gave the Bank a promissory note in return (the Original Note). Allied and Pierce subsequently renewed the note five times, the fifth time on May 18, 1986.

During…

2Cases cited10 opinions

  1. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  2. Federal Deposit Insurance Corporation v. Julio S. LaguartaCourt of Appeals for the Fifth Circuit · 1991
  3. Villarreal v. Laredo National Bank, Texas Court of Appeals, 4th District (San Antonio)1984
  4. Bernal v. Garrison, Texas Court of Appeals, 13th District1991
  5. Troy D. Barnett v. Petro-Tex Chemical Corporation, Robert H. Broughton v. Petro-Tex Chemical CorporationCourt of Appeals for the Fifth Circuit · 1990

5 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Bluebonnet Savings Bank v. Jones Country, Inc., Texas Court of Appeals, 9th District (Beaumont)1995
  2. In Re Southern Scrap Material Co., LLCDistrict Court, E.D. Louisiana · 2010
  3. Glinka v. Federal Deposit Insurance Co. (In Re Hawkins)United States Bankruptcy Court, D. Vermont · 1993
  4. Kennedy v. Lasting Paints, Inc.Court of Appeals of Maryland · 2008
  5. Allied Elevator, Inc. v. East Texas State Bank of BunaCourt of Appeals for the Fifth Circuit · 1992

1 more not listed; retrieve them via the Exa API.

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