Legal Opinion
United States v. Harry Lemaire, Estate of Richard Patton, Hilmar R. Zeissig, Bert F. Scales, and Dieter J. Scherfenberg v. Mbank Abilene, N.A.
Court of Appeals for the Fifth Circuit
Decided October 9, 1987No. 86-1761PublishedCited by 27 opinions
1Opinion of the Court
POLITZ, Circuit Judge:
This appeal requires us to define the term “final judgment” as used in 12 U.S.C. § 91, which proscribes “attachment, injunction or execution” against a national bank “before final judgment in any suit” in state court. We agree with the trial court’s interpretation and affirm.
Background
The genesis of the present proceeding is a state court suit by Harry Lemaire and the other appellants against MBank Abilene, formerly Abilene National Bank, alleging breach of contract, fraud, and tortious interference with contract. At the conclusion of an extended trial the jury-awarded…
2Cases cited19 opinions
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Mitchum v. FosterSupreme Court of the United States · 1972
- Clarke v. Securities Industry Assn.Supreme Court of the United States · 1987
- Leiter Minerals, Inc. v. United StatesSupreme Court of the United States · 1957
- National Labor Relations Board v. Nash-Finch Co.Supreme Court of the United States · 1971
14 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Kendall v. Sorani (In Re Richmond Produce Co.)District Court, N.D. California · 1996
- United States v. Fernando MoralesCourt of Appeals for the Fifth Circuit · 1988
- Federal Savings & Loan Insurance Corp. v. T.F. Stone-Liberty Land Associates, Texas Court of Appeals, 5th District (Dallas)1990
- Baker v. National State BankNew Jersey Superior Court Appellate Division · 2002
- FDIC/Manager Fund v. Larsen, Texas Court of Appeals, 5th District (Dallas)1990
22 more not listed; retrieve them via the Exa API.