Newell v. Oxford Management, Inc., 90-3017

Decision Date20 November 1990
Docket NumberNo. 90-3017,90-3017
Citation918 F.2d 484
PartiesGlenn NEWELL, et al., Plaintiffs, v. OXFORD MANAGEMENT, INC., Defendant, Julius L. LEVY, Jr. & Glenn Newell, Plaintiffs-Cross Defendants-Appellants, v. FSLIC as Receiver for Northlake Federal Savings & Loan Association, Intervenor-Cross-Claimant-Appellee. FSLIC, Receiver a/k/a Northlake Federal Savings & Loan Association, Plaintiff-Appellee, v. Raymond F. KIDD, Jr., Defendant, William C. Terral, Defendant-Appellant.
CourtU.S. Court of Appeals — Fifth Circuit

Appeal from the United States District Court for the Eastern District of Louisiana; Patrick E. Carr, Judge.

ON PETITION FOR REHEARING

(Opinion Sept. 21, 1990, 5th Cir., 912 F.2d 793)

Before KING, GARWOOD and DUHE, Circuit Judges.

PER CURIAM:

IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby denied. Appellants did not, prior to their petition for rehearing, adequately raise in this Court the claim that the judgment below against them was improper because the notes were invalid or were not due and payable or were not so in an amount sufficient to support the judgment. See, e.g., United Paperworkers v. Champion International, 908 F.2d 1252, 1253 (5th Cir.1990); Villanueva v. CNA Insurance, 868 F.2d 684, 687 n. 5 (5th Cir.1989).

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10 cases
  • US v. Home Health Agency, Inc.
    • United States
    • U.S. District Court — Northern District of Texas
    • January 3, 1994
    ...in the light most favorable to the nonmoving party. Newell v. Oxford Management Inc., 912 F.2d 793, 795 (5th Cir.), reh'g denied, 918 F.2d 484 (1990); Medlin v. Palmer, 874 F.2d 1085, 1089 (5th Cir.1989). In order to prevail on a motion for summary judgment, the moving party has the initial......
  • Cash America Pawn, L.P. v. Federal Exp. Corp.
    • United States
    • U.S. District Court — Northern District of Texas
    • May 5, 2000
    ...in the light most favorable to the nonmoving party. Newell v. Oxford Management Inc., 912 F.2d 793, 795 (5th Cir.), reh'g denied, 918 F.2d 484 (1990); Medlin v. Palmer, 874 F.2d 1085, 1089 (5th Cir.1989). In order to prevail on a motion for summary judgment, the moving party has the initial......
  • Palm v. Marr, 4:99-CV-048-E.
    • United States
    • U.S. District Court — Northern District of Texas
    • April 24, 2001
    ...in the light most favorable to the nonmoving party. See Newell v. Oxford Management Inc., 912 F.2d 793, 795 (5th Cir.), reh'g denied, 918 F.2d 484 (1990); Medlin v. Palmer, 874 F.2d 1085, 1089 (5th Cir.1989). In order to prevail on a motion for summary judgment, the moving party has the ini......
  • Federated Mut. Ins. v. Grapevine Excavation, Inc.
    • United States
    • U.S. District Court — Northern District of Texas
    • May 22, 1998
    ...in the light most favorable to the nonmoving party. Newell v. Oxford Management Inc., 912 F.2d 793, 795 (5th Cir.), reh'g denied, 918 F.2d 484 (1990); Medlin v. Palmer, 874 F.2d 1085, 1089 (5th Cir.1989). In order to prevail on a motion for summary judgment, the moving party has the initial......
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