Legal Opinion
McMillan v. MBank Fort Worth, N.A.
Court of Appeals for the Fifth Circuit
Decided October 11, 1993No. 90-1111PublishedCited by 26 opinions
1Opinion of the Court
EMILIO M. GARZA, Circuit Judge:
This case requires us to determine the propriety of the district court’s judgment non obstante veredicto 1 on claims arising from the alleged breach of an oral loan agreement. Finding those claims barred as a matter of law by the doctrine enunciated in D’Oench, Duhme & Co. v. FDIC, 315 U.S. 447, 62 S.Ct. 676, 86 L.Ed. 956 (1942), we affirm.
I
This action arose out of the purchase, and attempted purchase, of various tracts of commercial real estate. In May 1985, MBank Fort Worth, N.A. (“MBank”) loaned $6.3 million to Shady Valley West Joint Venture III (“Shady…
2Cases cited25 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
- Sanabria v. United StatesSupreme Court of the United States · 1978
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- Marion Ray Mosley v. Officer M.D. CozbyCourt of Appeals for the Fifth Circuit · 1987
20 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Milton B. Russell v. Delco Remy Division of General Motors Corporation, Saegertown Manufacturing Company and Jordan ChalmerCourt of Appeals for the Seventh Circuit · 1995
- Powderidge Unit Owners Ass'n v. Highland Properties, Ltd.West Virginia Supreme Court · 1996
- Hill v. Heritage Resources, Inc., Texas Court of Appeals, 8th District (El Paso)1998
- Merlyn J. Pollock v. Federal Deposit Insurance Corporation, as Receiver for First City Texas DallasCourt of Appeals for the First Circuit · 1994
- Destec Energy, Inc. v. Southern California Gas Co.District Court, S.D. Texas · 1998
21 more not listed; retrieve them via the Exa API.