CONRAD R. WAGNER AND AMBASSADOR WORLD ENTERPRISE, INC., APPELLANTS,
v.
FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, ETC., DEAN VEGOSEN, ETC., ET AL., APPELLEES
PER CURIAM.
These consolidated appeals are from orders granting appellee’s motion for summary judgment and granting appellee’s motion to strike appellants’ counterclaim and affirmative defenses. Said orders were based upon the reasoning set forth in North Mississippi Savings & Loan Ass’n v. Hudspeth, 756 F. 2d 1096 (5th Cir.1985), and subsequent cases. Subsequent to the filing of these appeals the United States Supreme Court decided the case of Coit Independence Joint Venture v. F.S.L.I.C., — U.S.-, 109 S.Ct. 1361, 103 L.Ed.2d 602 (1989), in which it rejected the Hudspeth doctrine. The appellee has now conceded error and consents to a reversal of said orders.
Accordingly, the orders appealed from herein are reversed and the causes are remanded to the trial court for further appropriate proceedings.
DOWNEY, WALDEN and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Coit Independence Joint Venture v. Fed. Sav. & Loan Ins. Corp., 489 U.S. 561 (U.S. 1989)
- N. Miss. Sav. & Loan Ass'n & New N. Miss. Fed. Sav. & Loan Ass'n v. Hudspeth, 756 F.2d 1096 (5th Cir. 1985)