NCNB Texas Natl Bank v. Houk

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

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No. 95-20560

Summary Calendar

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NCNB TEXAS NATIONAL BANK, As receiver for First Republicbank Houston NA and KWP FINANCIAL I, INC.,

Plaintiffs - Appellees,

versus

ALLEN HOUK, Trustee, Et Al., Defendants

SIU NIN NG, also known as David Ng;

PO-SHIN WONG NG

Defendants - Appellants.

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Appeal from the United States District Court for the Southern District of Texas (CA-H-91-571)

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June 21, 1996

Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM:* Siu Nin Ng and Po-Shin Wong Ng (Ngs) appeal an adverse summary judgment concerning a guaranty given by the Ngs in 1987. They

*

Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

claim the existence of genuine issues of material facts concerning the meaning of the guaranty and the calculation of the amount due.

Needless to say, we review a summary judgment de novo. Our review of the record does not reveal a material fact issue. Moreover, we find no reversible error in the district court's characterization of the "oral motion" for summary judgment as a "reurging" against the Ngs of the summary judgment motion filed earlier against the other defendants.

AFFIRMED.